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 pay for the legal advice and petiole the court for the removal of the trustees who are not acting in your best interest. Did you get the rent from the property? If the trustee allowed the renting out of the property and this was prohited by the trust it’s them that breached the trust terms not you.

Also if your mum is in Spain do not let any action take place in Spain as it’s hard to explain trusts over there and generally they are no recognised.

Who drew up the rust deed in the first place? Can you remember the lawyers they will prob have a copy

And this one too. Check the Will that you inherited under & get a specialist firm to act for you. I doubt you're being told the truth about any of this. anthonygold.co.uk/latest/blog/how-do-you-overturn-a-caveat-at-the-probate-registry

I agree your mother isnt telling you the truth

Caveat at probate registry is not what we're talking about here - that type of caveat is to stop a will being proved and it sounds like that happened some time ago. When op refers to 'caveat' at the land registry, the correct term is generally a 'restriction'.

Where a trust arose on the death of a relative, the trust will generally be in the will itself. So, using your grandmother's name and year of death, first step is to order a copy of the will here:www.gov.uk/search-will-probate

It costs £10. If you can find it then that should give you a good starting point.

It’s your inheritance. I don’t understand .

OMG this is fascinating but what an awful toxic situation this is for you OP. Who has the rent been going to? When does the trust end?

Excellent advice from pp.

Whose getting the money from the rent from any tennants. Why can’t you move in? It’s ridiculous

You definitely need to accept a solicitor will be expensive and pay it. You need to see the terms of trust. They will get it for you.

Thank you everyone for your advice, definitely going to dive into it all!

My mother/the trustees are collecting the rent, although I suspect it is all just going to my mother. Who has probably said it is all going into a trust for the kids or some other lie. It is horrendous and toxic, it's why I have gone NC and finally stopped the kids from seeing her, she us manipulative and quite happy for us to live in this situation, whilst saying at the kids are the most important things and need to go to private school etc but happy to have them unhappy and not in their own space....she is absolutely vile. I could write a book about the things she has done, but I'm tired of it and just want to be disinherited and not have to deal with this anymore.

Try these people as a first step. They're on line now to answer questions live. www.justanswer.co.uk/law/8plib-caution-caveat-restriction-placed-property.html

If your mother's been acting maliciously I'd be pretty sure you'd be able to claim any legal costs you incur over this. www.legislation.gov.uk/ukpga/Vict/25-26/53/part/I/crossheading/caveat-against-entry-of-land-on-register

I would also say she owes you the rent

Do not walk away from a free house, it will
Massively benefit your children’s future

Hi,
You need to serve the tenants notice and when they leave move in. If you don't have keys force entry (when the tenants have left/tenancy finished of course). Just move in and live there - it is your house! If there are any legal issues let your mum pay out for solicitors rather than you. I am sure there will be none - you would be an adult living in the house you own - what's a solicitor going to do about that? Let your mum throw away tens of thousands of pounds trying to prevent you livingvin your own house. Now that is a case a solicitor wont wsnt to take on - it's your house! You don't speak to your mum, you have nothing to lose, just do it! If she threatens just say you'll wait to hear from her solicitor- you won't. No-one is going to leave you a house in their will and say you're not allowed to live in it. Enjoy your house.

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

@mecaccos its collected by my mother, not sure where that goes. Originally it was "it's going into an account for the kids" then it was "it's going into maintenance for the house".... none of which I believe is true.

OP you need to try and speak to the original solicitors who it arranged it to be held in trust and see the documents. It's rare that a property in trust wouldn't automatically pass to the intended recipient when they came of age. Your Mum and Aunt have no hold on the property if you are of age stated in the trust instructions afaik??

Also your mother is quite clearly just pocketing the rent ffs. Go and see a solicitor and speak to land registry.

You can request copies of deeds and documents (including charge deeds) relating to your property. Costs around £7 per document. There may be other deeds that have been stored along with the charge that has more information about the trust that was set up.
Do you know which solicitors dealt with the transfer and set up of the trust? The Application Form that went with the charge deed will have the details of the lodging solicitor. You could then contact them requesting the information about the trust.
Also, check if any activity has happened on the property since you became the owner. Have any new charges been put on?
If the caveats on the register state copy filed, there should be a document that you can get a copy of.

How old are you?

What age did the trust become yours?

Assuming with 3 kids you’re over 21/25?

Trustees have very strict rules that they must adhere to by law. Your mother appears to have seriously abused her role as Trustee. You can get her removed.

So many questions. Are you even sure that the Trust still owns the house?

You need legal advice to sort this.

You are being ripped off. You seriously need to see a solicitor and go NC with your mum.