Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not want to sign over half of my flat

186 replies

UnreasonableNotUnreasonable · 12/09/2017 09:45

I've name changed as I feel this could be very outing.

It's a case of AIBU/WWYD.

DH and I have a large mortgage on a flat, that now with 2 little DC, has become very impractical in terms of access to and from it, and to the shared garden. We are on the top floor and there is no lift. Access to the garden is via a metal, spiral staircase, and the garden is not fenced off, and has an access road running along at the bottom of it, as well as another to one side of the garden. There are therefore moving vehicles nearby, and any members of the public or other residents can just enter the garden. We're also not allowed to leave Prams/pushchairs in the communal areas, which makes things extremely awkward, nor are we even allowed any pets (we have a share in freehold, and the management company do not allow pets).

I didn't want to take on such a large mortgage, but DH is a complete snob who will only live in gentrified areas, and will never commute any further than 30 minutes each way for work, which is in the centre of the city. We had to hurry and get a mortgage after 2 years of failing to get on the property ladder, as our deposit was allowing us to get less and less for our money, so I reluctantly agreed to a large mortgage.

DH is from a different culture to me, and he and his family always said not to worry about the mortgage when we start having children, as for them, helping financially and having children are very important. They are a lot more well off than my family, and I've always been financially independent, but 2 of them said they'd pay half of the mortgage for as many years as I wanted to be a SAHM. They assured us there were no ulterior motives or expectations. I was delighted and grateful, but also quite apprehensive as I'm not used to this set up.

Unfortunately, the person who had been helping financially every month, and who we trusted completely, became ill and unable to help. Family member 2 seamlessly stepped in, and the payments continued. We were extremely grateful, but I have never trusted this person, and my DH also doesn't trust him to some extent. I do not want to say why on here (nothing criminal or untoward though!).

Family member 2 has been paying half of our monthly payments for 2 and a half years. He has now said that he wants to own half of our flat, and this will enable him and my DH to release finance from it in order to buy a cheaper property to rent out. He then said that if not enough money could be released, then the money that could be released could be used to pay into our mortgage to reduce our monthly payments, and then he won't have to give us money every month, or can give us a lot less. To make matters worse, we believe that the money he gives us and pretends it's his money, is actually not his, but money from the person who is now too ill to manage their own finances, as this person signed over responsibilities of his finances to him. If so, then he will own half of our flat without having paid a penny of his own money into it! When we do eventually move from here, he'll take half of all of the money and my DH and I won't be able to afford anything.

He has told us that if we don't agree to sign over half of our flat, he'll stop paying half of the mortgage every month! We would lose our home. I'm a SAHM and a part time student who would have to give up studying for her Degree and very quickly try and get a job. I'd have to pay an extortionate rate for nursery for both DC, and would have hardly any money to put towards the mortgage anyway, and would lose our flat. I don't have any family nearby who can offer free childcare.

My DH thinks we should just agree to this scheme, and we keep arguing about it every day. I've suffered with stress and depression before, and all the crying, worry and arguing is really affecting me. I feel a deep anguish, as there is a very easy way out of this situation, as detailed below:

With the equity we have on our flat, we could sell it and just about afford to buy a small house with a garden - outright. I would do this tomorrow, by DH absolutely, point blank refuses as the house would be in a town that borders my parents' town. He doesn't have a problem with them, but he HATES their area and all of those that surround it. In his words, 'they're full of chavs and people who aren't decent, and there are no good shops and facilities, and those areas have nothing going for them.' I disagree with his terminology and the accuracy of what he's saying. He can get to work within 35 minutes from there, property prices are rising very fast, there is a community atmosphere, the shops are fine for day to day and there are many shops and facilities within 15 minutes drive in other towns. Most importantly for me, I could be near to my family and we could support each other, and we could afford the type of family home that we need now, without a mortgage!

DH is in lots of debt, as he always lives beyond his means and cannot borrow any more money to help us buy elsewhere. He works really hard and takes extra hours at work, but if we lived mortgage free near my parents, he wouldn't need to do the extra work and could pay his debts. I've put this to him, but he just calls the areas shitholes and refuses. I think he's really childish and extremely selfish.

DH and I are going around in circles, and the family member has told us that we have 6 months maximum to get half of our flat signed over to him and sort out the release of funds. My family are so worried and annoyed that my DH won't listen to me and do what they and I think is the logical, common sense option.

I feel trapped and like I'm going to have no choice but to sign over half of our flat. My DH and I are usually happy, but this is really affecting us, to the point where I've even considered filing for divorce so that I don't have to be forced into doing something I disagree with. I don't think I'd have the balls though, and I don't want it to come to that.

I am absolutely desperate and feel helpless. Please tell me WWYD, and if I am being unreasonable and should just sign. Is my DH selfish?

OP posts:
gallicgirl · 12/09/2017 11:40

Have you looked at the land registry entry for your flat just to make sure relative hasn't already registered a charge against it?

Also, 30 minute commute is ridiculous. I have that and I only live 4 miles away from my office!

I see a few dodgy property deals as part of my job and this has all the hallmarks of a classic dodge.

MovingOnUpMovingOnOut · 12/09/2017 11:40

This sounds incredible.

The mortgage company would never agree to such a scheme.

Can you remortgage to reduce your payments? Might not be an option but worth asking.

ShiftyLookingBadger · 12/09/2017 11:40

Your OH needs to get his head out of the clouds. I can't believe he'd rather hand over half your flat than live mortgage free in a house near free childcare. Seriously?!?! Totally agree with the idea of making it 'temporary' to appease him bit sounds like that didn't work Hmm He is being incredibly selfish. DO NOT SIGN OVER HALF YOUR FLAT!!!

TestingTestingWonTooFree · 12/09/2017 11:42

Do you think you know the extent of his debts? You might end up taking on half of them if you divorced.

gillybeanz · 12/09/2017 11:42

Sorry but your dh sounds awful.
He should put his family first not his snobbery.
I couldn't be with a man like this, you have no autonomy at all and he isn't going to listen to any of your solutions.
The problem is your dh irrespective of the other family members.
I'd run a mile as you can't trust any of them and you have children to consider now and their future.

ballestief · 12/09/2017 11:44

I'm struggling a bit with all the poor OP posts. She's not a child, she entered into large mortgage willingly, she took what sounds like a very large amount of money towards her mortgage every month, she gave up work and has the luxury of part time study, because someone else is paying half of her mortgage.

And lets not forget she has built up enough equity to buy a house outright with the profits. No, she's not in a good position but it's one she entered willingly and benefited from enormously. I find the poor woman/big bad dh posts rather patronising and sexist, as well as inaccurate.

Thats not to say I don't have some sympathy, it's a big mess. But it's one OP got herself into and has all the means necessary to get herself out of.

RiotAndAlarum · 12/09/2017 11:44

Your family is as good as insolvent, so you cannot do what this relative is asking (basically, asset-stripping you!).

You can't afford what you have, so ypu urgently need to retrench before your lenders (bet you have credit card (unsecured) debt as well as mortgage debt!) try to make a grab for whatever they can get hold of to cover your bad debt. You simply can't afford the things your husband wants. Every bit of that debt is his stealing from your futures, and getting all the benefit (30-40 minute commute, etc.). His nice lifestyle has stolen from you and the children, and stolen from you for years into the future!

2014newme · 12/09/2017 11:44

Ffs pay your own mortgage. Get a job. Stop being dependent on these people of course they have ulterior motives!
What a total mess!

Merida83 · 12/09/2017 11:44

I would do almost exactly the thing you suggest. And this is coming from a bit of an area snob BUT family security matters more.

Or is selling up and moving to an area that's not as cheap and still having a mortgage (Tho a much smaller more affordable one) an option. So that you can still escape the claws of untrustworthy relative but allow dh to be a bit happier with where you buy. While securing stability for you all.

PrimalLass · 12/09/2017 11:50

I would tell him that you'll be selling the flat and moving either together or as a forced sale when you leave him.

NachoAddict · 12/09/2017 11:51

personally I would move back in with your parents and file for divorce. While the divorce is going through look for a job in your parents area, you said they would help with childcare?

When the divorce comes through you will have a lump sum to put down as a deposit in your parents area and a job to enable you to pay what I assume would be a relatively small mortgage.

serendipia1907 · 12/09/2017 11:55

Firstly, this arrangement has been poorly thought from the very beginning and you were rushed into it.

Especially that you said that the flat is no longer suitable for your needs plus the huge mortgage issue means you need to move ASAP.

Usernom1234567890 · 12/09/2017 11:59

I agree with Nacho.
You must make your DC's security top priority. You and the DC won't have a home if you go along with your husband's plan.

Fink · 12/09/2017 12:00

My ex-H was similarly bad with money (always living beyond his means, taking out loans even though he was on a good income, accepting financial gifts from other family members when we could have done without etc.). I'm not telling you what to do, but just as an encouragement ... I would never have left ex-H (cultural and religious reasons) but he left me and I've been a single parent now for 6 years. My life is so much easier, even though I have much less money, because I know how much I have to spend and what I have to buy with it. I might be poor, but the financial pressures are much less because I'm living within my means instead of constantly arguing about overspending. So although I go without things I would like, the stress has all gone.

scrabbler3 · 12/09/2017 12:03

I think that you need to get your own legal advice asap re this person's potential beneficial interest in your home. Then, get some free mortgage advice from an IFA. At least you'll know what's what financially and you can make a decision about your future and the kids'.

Check out your entitlement to benefits such as Workinb Tax Credit and childcare help, should you return to work. Work should always pay, these days. It would be unusual for you to be worse off.

In short, take back some control and stop allowing yourself to be bullied.

Bibidy · 12/09/2017 12:04

I haven't read through the whole thread so this may already have been settled, but I imagine if someone can prove they've been paying half your mortgage they may have quite a strong legal claim to half your property if they chose to pursue it?

I would 100% do what you want to do. It's ridiculous that your OH wants to pay a mortgage when you're in a position to buy outright.

Can he not even accept it as a stop gap? You live there mortgage-free for a few years whilst saving and then you can move somewhere more desirable when you've got a big deposit.

coastalchick · 12/09/2017 12:11

Please don't sign the flat over and don't accept any more payments from the family member.

They may be able to claim an equitable interest in the property already.

I (stupidly) paid my ex fiancé around £15,000 in mortgage payments over the years we were together. It was his house which I moved into and felt I needed to pay my way (even though I also paid half the bills). As I don't live in the UK (and I didn't realise this until it all went wrong), when he ran off with someone else, I had no claim, despite also I had done (and paid for) a fair amount of improvements to the property.

At this point, he was taking home around 400k a year yet wouldn't give me a penny back of what I'd paid him.

Please take some advice. x

Venusflytwat · 12/09/2017 12:15

*You are not and have never been powerless here. This situation is of you and your H's making and if you want the doormat dynamic to change in your relationship, then you have to stop acting like one.

This is who your H is and handwringing isn't going to change him. It's time to pull up your big girl pants and start acting like a grown up by taking responsibility for the financial decisions made in your name.

Go see a financial advisor and stop agreeing to delegating financial decisions to someone as flaky and clueless as your H.*

This. This post from earlier NAILS it.

OP it's time for you to grow up. Whether or not your husband will join you in that is up to him.

If he won't, personally I would divorce him, sell that flat and use the proceeds to put a substantial amount down on a smaller property for you and your kids, near your parents. The degree might have to wait till they're in school, that's just life for many of us I'm afraid.

Bankroll your own life.

coastalchick · 12/09/2017 12:17

Agree with venusflytwat - good post

Ttbb · 12/09/2017 12:18
  1. Your DH is an idiot
  2. Your DHs relative it aslezzy scumbag who is trying to rip you off
  3. The solution is quite simple. The relative has no legal claim to the property so you don't have to worry about that. If I were you I would go to the bank to enquire about switching to a buy to let mortgage. Keep the paperwork at home and wait until the relative stops paying. DO NOT SIGN over any kart of your property (if it is mortgaged you won't be able to anyway btw). At this point your DH will realise that you have no option but to move. At this point you can try to sell the flat or just rent it out and use the rental income to pay off the mortgage.
stayathomegardener · 12/09/2017 12:21

There is only one definite here, you have been given six months grace.

That is enough time to sell up and then you may choose to buy at an affordable price for yourselves in the area your parents live in or choose to return to renting in your DH preferred area.
I use the words choose, in six months when the money stops you could be looking at defaulting on the mortgage and the consequences of that.

EezerGoode · 12/09/2017 12:36

Well my advice would be ...absolutely 100% do not sign anything..file for divorce and sell the flat and take the lions share of the money as you will be caring for the kids,buy yr own home within yr means ,yr dh was a dick to get in so much dept ,he will pull you down finically for sure

user327854831 · 12/09/2017 12:37

Whatever you do, DO NOT sign over any part of the flat. You can sell it and buy a house at the moment, if you sign it over you will never be able to do that.

ballestief · 12/09/2017 12:39

She CAN'T sign over any part of the flat, it's a moot point !

GenericDietCola · 12/09/2017 12:44

You have both been very foolish - you're adults, with children of your own and you've been relying on someone else to subsidise you.

I think you have more options than the ones you stated. As a compromise option, you should talk to your mortgage lender about remortgaging. You must have a decent amount of equity if you can afford a house out right, so look at reducing your payments by extending the term or switching to a better deal.