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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:
BeachyKeen · 13/09/2017 05:37

He won't compromise on location, seeing an unbiased 3rd party, his commute time or method, or the size of property, and won't discuss what happens when his meal ticket dies?
Tell us again how wonderful , responsible and magnificent he is!

Bachingupthewrongtree · 13/09/2017 07:06

the relation who has been paying the mortgage will have an equitable interest in the property, please see a solicitor.

LakieLady · 13/09/2017 08:22

Holy fuck, what a mess.

Your DH is a selfish loon, irresponsible and a snob, FM2 sounds as dodgy as it comes and you have allowed yourself to be put in a dreadful position - unsuitably housed, skint, and with no money of your own.

Under no circumstances agree to anything to do with letting FM2 even have a sniff of a financial interest in your home. More learned people on here may know if there's any way you can protect yourself against any possible fraud, eg a forged deed of trust, as FM2 sounds totally unscrupulous and DH sounds like he'd go along with something like that if it gets him what he wants (ie a flat in a posh area close to work).

I also have an inkling that your DH isn't telling you half of what's going on. I'd be minded to credit check him, and see what his financial position really is. And check your mortgage statements, so that you know how much is outstanding and that payments are being made as they should be. I have known 2 couples where one has remortgaged without the other's knowledge by forging a signature on a mortgage application; it happens.

Look online and see if it would be possible to get a better deal on your mortgage, so that your outgoings are reduced. That could give you some breathing space.

Sit down with DH and show him the facts and figures that demonstrate that the current situation is completely unsustainable, and that your only hope of not losing everything is to move to a cheaper area and reduce your outgoings. Engrave it on a mallet and beat him over the head with it if you have to so that he really gets it.

And if he simply refuses, I would LTB. If he's not prepared to let go of his ridiculous notions about where he will deign to live, he doesn't give a toss about your security or that of your DCs, or how shit things are for his family living somewhere that is so suitable for 2 small DCs. He doesn't deserve you and certainly doesn't care enough about you all.

Get legal advice about how much of the equity you'd be able to keep if you split.

Then give yourself a big slap around the head for allowing yourself to end up in this situation.

QuiteLikely5 · 13/09/2017 08:32

Maybe relative number two does not like the fact that relative no 1 spare cash is going towards your mortgage!

And has decided that if it's going towards your mortgage he wants an interest in it.

I would refuse to do this and put your home on the market.

No such thing as free!

CamperVamp · 13/09/2017 09:04

Interesting that your DH does what his relative says but pays no attention to what you want.

The problem is how you sort this mess out.

Would he go to counselling with you? If you say it is to save your relationship?

timeisnotaline · 13/09/2017 09:20

You have time, because innthid kind of family family member would look bad if you weren't able to pay the mortgage especially when it's someone else's money. 1. Say to family member we know it's xs money. We will not sign over any rights to the house. 2. Reiterate to your dh that there are no circumstances to which you will agree this. 3. Put the house on the market , either because you are moving together or divorcing . If you stay as a doormat you will be miserable and unable to pay for things you want for your children.

ballestief · 13/09/2017 09:21

the relation who has been paying the mortgage will have an equitable interest in the property, please see a solicitor.

Not will at all, they may. It depends on whether they can prove they have been paying towards the mortgage, how long for, the intention behind it. It's not a simple thing.

CamperVamp · 13/09/2017 09:35

Do what Jux says.

CamperVamp · 13/09/2017 10:20

A massive issue, you are right, is FM2 trying to claim as his own property paid for , in part, by FM1, and NOT paid for with FM2's money.

This is really shocking.

Jux · 13/09/2017 13:45

Is Relative 1 your fil, and Relative 2 your dh's older brother?

KC225 · 13/09/2017 20:12

How is this relative paying your mortgage. Are they transferring/giving a sum to your account or are they et paying direct.

I suggest you work out how much they have paid and say you consider this a loan and make amends however small to to formulate a paying plan. Do lot sign over over your flat. As others have suggested, contact the bank, ask to switch to interest only. See if you can extend the years.

Others here have questioned your relationship and your DH's refusal to face facts and reality. Sorry OP but you may have some difficult decisions to make regarding your future

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