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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:
Oysterbabe · 12/09/2017 12:47

God what a mess. I really feel for you being in this awful situation.
You need to sell the flat and buy the little house, it's the only sensible option. Your DH needs to realise that this is the only sensible option and that if he refuses you'll be entering LTB territory.

ILoveMillhousesDad · 12/09/2017 12:52

How you can live with that pig headed, snobby, fool of a man.

Just how? What are his redeeming qualities?

sofato5miles · 12/09/2017 12:57

Do not sign over the flat. Tell your DH that it is his financial mismanagement that got you in this mess. Take control: sell the flat and buy somewhere with no mortgage or a small mortgage.

RunRabbitRunRabbit · 12/09/2017 13:01

Just how much debt is he in?

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.

This ^^

BananaShit · 12/09/2017 13:06

Oof, this is messy. Some poor decision making all round.

Otoh though OP, you're still in quite a decent position. You've got enough to buy half a house near your parents, which makes me think you'd only need a pretty small mortgage if you were to buy a flat in that area in your own right. You've a lot of parental support and you're not too far off completing your retraining. Could be worse.

I am not a knee jerk LTB but this kind of attitude to finances is, for me, a deal breaker. It frightens me. I have more sympathy than most here for his desire to keep the commute low, it can often be a good sensible tactic, but an extra 5 minutes is hardly the end of the world. And it's not worth compromising his children's security for, which at the end of the day is what he's doing. You're somewhat culpable in that you have allowed yourself to end up in this position with at least an inkling that something was wrong, but you at least want to take action to end it instead of exacerbate it. That he doesn't, really worries me.

NoSquirrels · 12/09/2017 13:06

You need independent financial advice. If your H refuses to come, go alone. Take facts & figures.

Do whatever you possibly can to stop taking money from your H's relatives. Scrimp, save, look into remortgaging or payment holidays.

Give your H an ultimatum. Either move closer to your DPs, mortgage free, or divorce. If his 30-minute commute and area snobbery is worth more to him than his wife and DV, his priorities are clear to you.

You can't go on with a life partner who will bully you into unwise and unfair decisions and piss your life's work up the wall. You have DC, they rely on you for security. Think of them.

BananaShit · 12/09/2017 13:10

Good point about the degree, where are you up to OP and how long could you defer? What sort of sum would you need to borrow to get a property near your mum and dad alone?

RandomMess · 12/09/2017 13:13

You have a DH problem, a huge one.

He is utterly selfish, his commute, his appearance to the outside world, his lifestyle- they all matter more to him than either you or the DC.

He can sign his half of the flat to his family when you divorce and you go to live with your family!

Hillingdon · 12/09/2017 13:15

Money makes people do funny things. Certainly don't sign anything over to this person.

However, you cannot have it all. I am not going to say you were foolish but I do see that you thought this was a way of having it all, SAHM, degree, nice area and not having to stand up to DH.

The chickens have come home to roost so if it was me I would sell and buy the smaller house. You cannot carry on like this and please don't take money from people again. Earn your own!

Rafflesway · 12/09/2017 13:22

I honestly believe that this level of "Postcode snobbery" is an illness!

Reading between the lines, it sounds as if you are in London, OP. My friend originates from a small Northern town but moved to London almost 30 years ago. She too is VERY like your DH and will only consider living in the "Right" postcode which over the years has proved horrendously expensive. Suffice to say she is now approaching her 60's and has absolutely nothing to her name. No pension, no savings and has never owned a property. She inherited a huge sum 7 years ago but refused to buy anywhere as it wouldn't cover the cost of somewhere "Nice" in Kensington, Chelsea, Chiswick etc.😲 This money has now disappeared on rental costs and extremely expensive holidays, (think celebrity haunts.)

She does have a partner but he gives her relatively little and her earnings from her small business have declined massively over the past 10 years. She is now desperately struggling to pay her huge rent every month and I can see her going bankrupt soon if things don't change - so can she - but she still refuses to move to a less luxurious area.

OP, surely you don't want this future for yourself and your DC! If I were you I would leave and move in with your parents until he either gets help for what I genuinely believe is an ability to accept who he is, or he somehow comes to his senses but I sadly feel the latter is highly unlikely.

When I recently asked my friend how on earth did she think she was going to live in her retirement years, her reply was, "Hopefully I'll be dead by then." Sad. It upsets me so much as she could have had it all had she been able to compromise on her postcode and just settle for somewhere nice rather than uber luxurious.

StarlitTrees · 12/09/2017 13:23

You cannot carry on like this. The stress is not good for you, and certainly not for your children.

You can't stay as you are now. You can't afford to pay this mortgage yourselves.
If your DH refuses to move, then I really don't see how you have any choice than to leave him.

He doesn't respect you and he isn't putting the needs of his family first. If he wants to keep his family, he must leave the flat. You must tell him this.

I really don't think you can just sign over half your flat to FM2. You don't actually own it, the bank does. And as others have said, your name is on the mortgage, so no changes can be made to the mortgage agreement without your approval.

I'm sorry you're going through this. The stress and pressure must be immense. You need to do something about this asap.

Rafflesway · 12/09/2017 13:25

inability to accept who he is

KityGlitr · 12/09/2017 13:28

I'm a bit confused here as I don't have a mortgage or much understanding of them: is it legally even possible to 'sign away' half of your property to someone? Surely that would mean selling up and then letting your husband and relative get a joint mortgage on it, which takes into account the relatives income And credit and so forth?

There isn't a piece of paper you can sign to just smoothly transfer ownership and responsibility to pay mortgage onto any random other person right?

SoggyTuesday · 12/09/2017 13:51

Can you get a six month mortgage holiday? Give yourself some breathing space and tell relative that you don't need his money?

If your DH is opposed to the town near to your parents is there Somewhere else that he would consider?

SoggyTuesday · 12/09/2017 13:53

Also stop with the idea of losing your flat, if you put it on the market it would sell in no time and you would have massive equity

PoorYorick · 12/09/2017 14:38

Dear God, don't sign over half your home to someone who isn't actually paying for it, and don't let your profligate idiot husband ruin your family!

Motoko · 12/09/2017 14:54

I'm a bit confused here as I don't have a mortgage or much understanding of them: is it legally even possible to 'sign away' half of your property to someone

Not with a mortgage. You're correct, it would have to be re-mortgaged with the relative on the mortgage.

ballestief · 12/09/2017 14:56

is it legally even possible to 'sign away' half of your property to someone?
No. Which has been explained multiple times, but still posters persist....

BaronessBomburst · 12/09/2017 14:59

I would leave a man who behaved like this. He's only going to bring you down with him. You'll end up in debt, with nothing. Get yourself and the children out whilst you can.

BeepBeepMOVE · 12/09/2017 15:10

You have absolutely zero say n what is happening in your life. You are the doormat in the marriage. Why are you putting up with it?

Clearly your DH will just refuse to do anything and you will sign over half you flat in 6 months just as he did nothing and you had to buy the flat he wanted.

TheDodgyEnd · 12/09/2017 15:12

From everything I can glean from this post, DH is under no circumstances going to move. OP is not going to leave him because as she has said, she loves him. Plenty of posters have said that they can't just sign half over so I think OP will just carry on. I imagine that's why she hasn't posted for a while.

Anecdoche · 12/09/2017 15:16

This reply has been deleted

Message withdrawn at poster's request.

TheDodgyEnd · 12/09/2017 15:19

@Anecdoche agreed!

mummmy2017 · 12/09/2017 15:21

Have you pointed out to your DH that you already own X amount of the flat, so really it's only the bit left that the person would be helping to pay for, and your mortgage company won't be willing to let you sign over the loan to someone else.

Also you need proof from the person that they are funding the payments, and not that it is coming out of the other person's account.
Just seems like he's dodgey..

TheMogget · 12/09/2017 15:33

Sorry if someone's already suggested this but is there some middle ground, sell the flat but find somewhere in a slightly 'better' area than the one where you could afford to buy outright, get a smaller more manageable mortgage.
It's worth a try on a compromise I would think, going from somewhere you're paying an enormous mortgage on to buying outright must be an enormous drop in property value.

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