To want to remove my name from house?

[3Blues]

So it's very long and complicated...bare with me....

When I had my first two children, I was offered inheritance to buy a house and have the house put in mine and my mother and great aunts names as lenders to protect my inheritance (couldn't get a mortgage etc without their say so). Lived there for a few years and really happy.

Then my mother moved to Spain, and convinced my husband, children and I to do the same and rent out the house. If it didn't work out, we would have a house to love back to. Fast forward 3 years and we decide to move back. Work and education huge contributing factors. My mother didn't want us to move back, and decided to tell me that the trustees of the house didn't want me living there, that I had broken rules by renting out the house without telling trustees (she is a trustee and suggested we rent it out). We moved back to the UK with jobs to go to and nowhere to live so moved in with in laws until everything was sorted with being able to move back into our house.

3 years on, had another child and still living with in laws. Have begged for hours back, have begged to even have my name removed from house so I can get help renting...everything. I can only live in a house in my name if I ship my children off to private school at their expense, divorce my husband, pay rent on the house over what the rent is meant to be....etc. cannot afford a solicitor, and living in a tiny 3 bed with three children, my husband and my MIL and FIL.

Council wont help us because I have a house in my name, cannot remove my name from the house because my mother needs to sign the papers too and wont, and cannot privately rent because it's too expensive and all estate agents want to use our house as a guarantee of paying rent, but cannot do that because i need my mother and great aunt to cosign anything like that. Great aunt is NC and wont respond to numerous attempts to contact her. What do i do?

You need to speak to a solicitor and threaten legal action. You say you can't afford to but I don't see another solution.
Your mum is happy to see you homeless. You need to show her she cannot treat you like this.

You need proper legal advice.

Use the money you are saving by living with ILs to hire a solicitor. There really is no other option.

We have had quotes from solicitors to deal with this...£260 per hour with an expected 10 hours to initially deal with this. Is there any other way? Is there a way to remove my name from the house without their signatures?

I'm finding your terminology confusing.
Are you saying that you own the house but your mother and aunt have lent you money to help you buy it? Or that you jointly own the house?
If you are the owner then you can sell provided you repay them. If you jointly own then you can apply to court for a sale order.
I'm not sure how your mother gets to dictate what you do. If she is saying she is a trustee, is there a trust deed? I dont think she can just impose whatever unreasonable restrictions she feels like.
Either way you will need legal advice. Trusts are not a straightforward area of law, but if, for example, you have a life interest, it may be that you have more power than you suspect.

Do you have a mortgage on the house? If so, whose names are on it and who pays it?

Wow! Your mother is a delight. Has she always been unreasonable? The legal route appears to be the only way

Who is the beneficiary of the trust? Is this you and your mother the trustee? If so it sounds like she is in breach of her duties. Tell her you will sue her as she is not acting in the beneficiaries best interest.

I dont owe any money on the house and it has no mortgage, the money spent was inheritance from my maternal grandmother passing and from my fathers side of the family. Because of my age the house was placed in a "trust" with my mother and great aunt the trustees on the land registry as "lenders". I don't owe any money.

There is a "terms of trust" document, but they wont let me see it or have it. So I'm told I cant live in the house because I've broken the "terms of the trust" without seeing it.

My mother is a functioning drug addict with a high ranking job, shes always been mentally abusive and forgotten her roots. I am not after money, I just want to live my life free of these crazy people that are my family. They tried to bribe me with an allowance to stay in Spain, and say that my husband is working class and they dont want our children to be the same, hence trying to bribe me with sending them to private school or boarding school. I went to boarding school and loved it....mostly because I was away from my mother. But I have had my children and dont want to send them away nor do they want to be away from us. They are thriving at school and they do pretty much every out of school activity available... I just dont think private school would be a better route for them, and I dont want them to be used as pawns by my mother.

@Lifeover - I have tried this, she doesn't care. Her and my fathers family have an endless pot of money for legal battles and the best money can buy. I am the beneficiary. I would rather just not have any of it.

I have also suggested that I, as owner of the property, can send a notice to the tenants paying them the rent for the house, saying they need to leave the property in x months and just move in, then try and get them to get me out. But I dont want to put my children through that!

you have no option but to get some legal advice

randoms on the internet cannot help you - they haven't seen the documents (nor have you apparently)

Because of my age the house was placed in a "trust" with my mother and great aunt the trustees on the land registry as "lenders". I don't owe any money.

I am no layer, but surely if it was due to your age, then as you are now older you may no longer be restricted?? pay for legal advice

Try a free legal clinic?

www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

Do you have the keys? As if just move back in, and let her take legal action to get you out if the trust deed allows her to do that.

From what you says the property was actually left to you, but with some sort of trust? So the others are not joint owners?

You need legal advice.

That said, you’re a married woman with three children. You haven’t paid mortgage or rent in either the house, or now at your PILs.

Surely you and your husband work and can use the money you’ve saved on rent to get legal advice, and rent privately?

Do you work? My work offers a free legal helpline for employees and their spouses. Don’t know if that’s an option.

Have you got a copy of the deeds? Surely these would list the actual restrictions on the property. It's around £3 from the land registry to download.

I have the land registry info, my grandmothers will and anything else I could get my hands on. There are "caveats" noted on the land registry, which I think are on a land registry charge document, but not a clue where to get those from.

I have been on extended maternity leave with our 3rd and I am about to go back to work. I know legal advice is necessary, it was incase there is anyone who knows anything about trusts, wills and this sort of situation. Only one solicitor has accepted they can help, and as I said its stupidly expensive. Others wont touch it as it's too complex. We are paying rent to my in laws, it would be awful not to with so many of us.

I suspect the reason your mother wont give you the terms of trust document is because you have already reached the age when the Trust ended. You really need a solicitor.

It’s your house, not theirs. Don’t give up on it. Get legal advice, get them out of it, and move in yourself.

They sound truly awful.

When there were notes on a title I was enquiring about I think it was just an extra document to pay to download. One payment for plan, one for title and one for notes.

I'm very convinced that the trust should effectively end as you will be of age.

What age did the trust end?
It’s yournproperty - you can enforce eviction of the tenants (have you spoken to them to see why their long term plans might be?

What happens to the rent paid by the tenants of your property

This link gives some basic info on what a caveat means in land registry terms. I'd definitely get a solicitor on to this. www.wilsonbrowne.co.uk/guides/what-is-a-caveat/

Have you tried phoning the land registry, explaining the situation and asking if they hold any additional documents and how much they would charge to email/post them?