He's planning to sell the house behind her back

[Returnofthemaccys]

Hi, I'd welcome any advice about what to do and whether this is legal.

DH's brother is married and lives in Scotland. He bought a house with a deposit that he saved up while married. Only his name is on the deeds even though they were married when he bought it about a year ago. Their marriage is in trouble and wife has moved in with her parents 8 months ago but continues to pay the mortgage as he has lost his job and she feels sorry for him. The marriage breakdown is largely due to his behaviour (which also caused him to lose the job). Wife moved back in recently but is now saying it's over and she wants a divorce.

I've found out from DH tonight that BIL is planning to sell the house behind her back. He's going to sell it to a friend who wants to flip it as an investment property so it won't be on the market, no viewings etc. Friend will then rent it to him until after the divorce so that SIL can't get half of the deposit equity. SIL pays the mortgage by putting money in his account and he pays so I think she'll never know.

My two questions are 1) Can he do this in Scotland and get away with it, both in terms of her not knowing it's being sold out from under her and in terms of her not being entitled to the money from it in the divorce if she files for divorce after the sale? and 2) Should I tell her? I don't know her very well at all but could contact her, but it's really none of my business. My loyalty is very technically with DH's brother though actually I'm disgusted by many aspects of his behaviour. But MIL is fully on board and knows and is championing this so me getting involved would massively rock the boat.

[caringcarer]

I think I would write her a note just stating what he was planning on doing. Then leave her to sort it out. perhaps advise her to get legal advice.

[Returnofthemaccys]

Interestingly, they're quite an outwardly 'nice' family. BIL is scummy and MIL hides that from her middle-class friendship circles (for example, hasn't told anyone he lost his job or that the wife moved out - has openly lied to her friends apparently). DH and MIL are 'upstanding member of the community' types. Luckily I think DH is inwardly as well, whereas I think MIL has a scary streak, in that she's apparently 'so ashamed' of BIL's behaviour but will then contemplate something like this to support him when he really doesn't deserve it.

[Milliepossum]

OP I think her best option is to see a solicitor and get an interest registered now, to give this urgency she needs to know he’s about to sell the house. It could be put to her as moving fast to protect her interests before he cashes out and gives his mother all the money. I’m sorry I don’t have any suggestions apart from telling a mutual friend something limited because while the house is in his sole name he can do what he likes if there’s nothing in his way. Your husband’s family is disgusting, we no longer have any contact with my late husband’s family because they are just as bad - be careful you don’t get conditioned by them to accept their shady ways. They are not your friends and will treat you badly as soon as the opportunity comes up. Good luck with it.

[Returnofthemaccys]

Thanks, @WelliesWithHeels - I'd definitely want to know and I'm very saddened by the whole thing. DH agrees with me 100% but is a very, very 'mind your own business' character.

[Patooty]

Op could you not message her or get a friend to, you don't have to go into detail but strongly suggest she looks into registering an inhibition of the property?

[Returnofthemaccys]

Thank you all, by the way.

[giantangryrooster]

Thing is if you don't say or do anything, you are as morally corrupt as them.

You know love and hate is two sides of the same coin. Your dh could surprise you if you were to split up. Hopefully he is a better person, but you won't know until the shit hits the fan and with that support system (mil) i wouldn't want to relay on it.

Send her an anonymous letter, caution whatever authority, but do something... Please.

[greenlynx]

Could you ask someone of your friends in UK to call her? That person can pretend that he’s interested in buying their house and wants to check that she’s ok with the sale.

[Coyoacan]

I really do think you should just openly tell her.

Why all the subterfuge? To be able to keep in with such grotty people?

[WelliesWithHeels]

One more thought, OP: I had a divorce that involved a lot of large marital assets (real estate and businesses). My Ex-H is just how you describe your MIL. Lovely when you are on their good side/team, RUTHLESS once you are no longer of worth or use to them (also to the point of justifying lying and breaking the law).
I was blown away by how many people alerted me to the various ways he and his family were trying to hurt me, hide assets, and gain legal and financial advantage.
So my point to you is twofold:

1. Shady people like BIL and my ex often have at least a handful of people who dislike them/don't approve of their actions. Maybe it's a former co-worker, maybe it's a drinking buddy of BIL's friend who wants to buy the house who he bragged to about how they were going to screw SIL, etc. But if you do go the anonymous route, I do think you might have a little more cover than you think.
   
2. I still tear up when I think of the people who put themselves (and sometimes their employment) on the line because they morally just couldn't witness my ex's actions without alerting me (especially the ones that were putting my safety at risk). It not only made me feel loved and valued during a very dark and vulnerable time, but it restored my faith that there were good and moral humans in the world. Your SIL sounds kind and naive and would probably feel the same.
   Such a tough position you are in

[IdblowJonSnow]

I wouldnt do nothing.

I'd be a bit scared if I had in laws like that! How immoral are they?!

Do you have a little less respect for your DH with regard to his stay out of it attitude? Mine can be like that and I really dislike it - obviously it depends on the situation.

Hope you can figure something out.

[AIMD]

I’d have to tell her. I’d feel awful if not. Maybe tell her but ask if she can not mentioned how she was told. Might be better for her if she doesn’t let on she knows and takes whatever steps she needs to without him being prepared for them.

[Notimeforaname]

OP please tell this lady.
Shes effectively being conned out of her own money and what she may be entitled to. Please tell her.
By staying quiet you are enabling. Some really good advice here on how to go about it. Please find a way to tell her. Your in laws sound like horrible people..

[LonnyVonnyWilsonFrickett]

I'm not reading that shelter link the same way as you are OP. If he is the sole owner, ie his name is on the deeds and the mortgage, then I think he can sell the house. And while the courts may take a dim view of that, there's not a lot she can do once it's done. She needs the inhibition order.

Send her an anonymous note.

[Doublebubblebubble]

@Returnofthemaccys you need to tell her but if you cant do it in person, could you write her a letter and disguise your handwriting/type it out.

Or, if yoj can speak to her could you just casually ask

"Where are you moving to?? Ive just walked past an estate agents with a picture of the house in the window."

That way it isnt BIl selling the house and it could just be a mistake on your part but itd also maybe put the idea in her head that he might do that.

[Bikingbear]

@lucidnightmare

Pretty sure he can’t legally do that in Scotland and would need her signature even if her name is not in mortgage or deeds. He does sound scummy enough to forge her signature though.
I’d tell her without a shadow of a doubt

Your absolutely right. He cannot sell the marital home without her signature. But that also relies on the lawyer actually realising that it is a marital home.

[WhatWouldYouDoWhatWouldJesusDo]

I'd stick a fiver on a Giffgaff sim and text her anonymously......... actually no, I wouldn't. I'd stand up to the shitcunts and make it clear whose side I was on.

But if you want to avoid family drama that's a good way of doing it. I'd also like and say you know the person buying it instead of it coming from her ex. Just to cover your tracks.

[GalaxyCookieCrumble]

Absolutely tell her and tell her to stop paying the mortgage, her husband is a snake

[10pennychews]

If they can do it to her they will do it to you if you and DH ever split up. You need to send a message that you won't be messed with. You don't even need to tell her directly a careless bit of paperwork here a loud call in her ear shot, careless Facebook posts she might see. Lots of ways bad news can be filtered through

[GreenlandTheMovie]

It won't be possible for him to do this, because a solicitor or licensed conveyancer will be needed to do any legal transfer of ownership, and there is a declaration that any spouse must complete to say they have no interest in matrimonial property.

[Sushirolls]

I would suggest that as divorce is on the cards, that she protects herself by registering an interest. That way you're warning her without actually coming out with what he's doing (if you're adamant you're not going to tell her). Personally, I couldn't live with myself if I stayed quiet.

[Mulhollandmagoo]

@Returnofthemaccys

Thank you - there's no under the radar way to tell her unfortunately. We live in another country and don't have any mutual friends. We rarely even see them so in theory none of this affects our lives much, it just feels horrible.

Could you set up a new email address, not giving away your name and tell her that way? He seems like an utter pig, and your MIL also sounds delightful

[PirateCatQueen]

Given what BIzl has outlined, I’d be worried that what he plans to do is:

1. Sell to his friend and continue to rent property
   
2. Use his wife’s financial contribution to pay rent until she has been out of the property for two years and loses occupancy rights.
   

It’s not unlikely he could get away with this to some extent, unless she is forewarned and able to block the sale.

I’d have to make a stand on this one personally, even if it caused ructions. You don’t want to be complicit in this reprehensible behaviour.

[Milliepossum]

This is the perfect solution, just email it from somewhere your DH hasn’t got access to the wifi history.

[Milliepossum]

@Milliepossum

This is the perfect solution, just email it from somewhere your DH hasn’t got access to the wifi history.

Sorry, I meant to quote Mulhollandmagoo