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.

[MsTSwift]

She has a right to the beneficial interest in that property irrelevant who is on the deeds.

Sickened by the advice to ignore this 😮. I would just fucking ring her up no cloak and dagger required. Dh would too no way we could stand back and watch a fraud unfold if we had notice of it.

[BabySmuffPending]

Send her details to me and I’ll tell her 🙋🏽‍♀️

What a cunt your BIL is. And his bitch mother as well. I would definitely be feeling a bit apprehensive being married into this family. And your hubby’s hands off approach would definitely make me consider how well you know him and how well you think you’d be treated if it was you both in the situation.

Not to get all Aretha and Annie on everyone but we should be really looking out for other females, they’re our sisters. Especially if we have knowledge they’re going to be royally fucked over and could tell them about it so they can protect themselves.

[BatshitCrazyWoman]

@yetanothernamitynamechange

She seems like a nice person. Is there any way you could phone her/facebook message her and say "look, I need to tell you something because I couldnt live with myself if I couldnt. But the fallout for me would be huge if they found out Id told you so please dont let on it came from me" and go from there. She doesnt even need to tell him she knows in theory, just contact a solicitor herself, register an interest in the property. Actually that would be in her interest too, since when someone is acting like a sneaky shit not letting them know everything you do know is an advantage.
There is still a risk she could immediately go storming of to her ex and let it all out, dropping you in it in the process. But it is a risk I would be willing to take myself.

Yes, this. There's no reason she needs to tell him, she can quietly take some legal advice and register her interest. I couldn't stand by and let this happen. I'd not be happy with your DH's mind our business stance either. He's happy to stand by and let this happen?? I'd be reconsidering how much of a 'good guy' he is.

[Veniemmanuel]

@MsTSwift

She has a right to the beneficial interest in that property irrelevant who is on the deeds.

Sickened by the advice to ignore this 😮. I would just fucking ring her up no cloak and dagger required. Dh would too no way we could stand back and watch a fraud unfold if we had notice of it.

This - I couldn't and wouldnt want to stay married anyway to someone who would willingly conceal this and stand by the sidelines on this.

I'm surprised so many wouldn't confront their own partners or let his last word of "leave it alone" stand without question. How can you trust him if he is okay with this. It's not a minor issue in the least.

[pilates]

Is there any reason why you don’t have a relationship with your sister-in-law? I think in England you can serve a matrimonial homes notice on a property stating your interest so it can’t be sold without your consent. Could you speak to her and suggest she needs to do this ASAP.

[ByeByeMissAmericanPie]

Has your SIL appointed a divorce lawyer yet?
If so, you could tip them (lawyer) off about it.

[rwalker]

I'd keep out of it she's made 8 payments not a life times savings chance are she would of been paying rent anyway.

[MsTSwift]

It’s morally and legally wrong and will come back and bite him in the arse anyway no divorce judge is going to like this one bit 🙄

[SunshineCake]

If you stay quiet because you don't want the family fall out you are siding with the potential fraudster.

It is like chasing your child's XYZ because they are being bullied about it.

Stand up to bullies, stand up to wrong doing, stand up for what is right.

Poor woman.

[Charleyhorses]

Seriously I would not get involved. Sil should look out for herself.
It's only been a year since it was bought. It's his deposit he saved, based on what you said, and there is fault on both sides.
His behaviour is less than honourable but that is his business.

[notsubscribed]

I would definitely tell her.

[ALLIS0N]

Your SIL needs to see a solicitor.


www.legislation.gov.uk/ukpga/1981/59

www.mmilegal.com/news/whats-yours-is-mine-matrimonial-property-part-1

www.edinburghfamilylaw.co.uk/tag/matrimonial-homes-family-protection-scotland-act-1981/

And you OP also need legal advice to make sure that your own rights are protected. Because your husband will treat you exactly the same way if you separate. He will go along with what his family says, just as he’s doing now. “ Oh I don’t approve but I’ll just go along with it to keep the peace”.

[pussycatinboots]

I'd tell DH that if he doesn't tell SIL, I would.

If he's complicit with this, it really doesn't show him in a good light either.

I'd also be considering what type of relationship (i.e. none) I would want with his family going forwards.

[WattleOn]

I’d tell SIL and to hell with the consequences. This is a hill I would be willing to die on.

Also, as other posters have said, if your DH condones this, if he doesn’t actively try to stop it, then remember that he could behave in exactly the same way to you.

You never know someone until you divorce them!

[Hidingfromcorona]

I suppose as she knows the house exists it will have to become part of the divorce settlement so if he sells it after that then it'll be part of his share. As long as it is included in the "pot" and they get proper legal advice it should be ok. Perhaps make sure she knows her rights. That's not meddling.

[slipperywhensparticus]

Just tell her

And I would lose respect for my husband that he wouldn't do it himself

[WokesFromHome]

Also spend some time making sure your name is on everything. You don't want MIL and BIL whispering in both his ears during a marriage bad patch.

[Caterinaballerina]

I think as anonymous tip offs go, a call suggesting she reads this thread is a really good idea

[Ohdoleavemealone]

I would send an anonomous letter?

[MsTSwift]

“Never marry a man you wouldn’t want to be divorced from “ Nora Ephron RIP

[YoBeaches]

If you can't tell her, then make sure the family are clear it's illegal for both him to sell and for his friend to buy.

She has rights to the matrimonial home regardless of the deeds.

If he does this. When she finds out, the courts will hold it against him. And his mate will be up in court for it too.

www.parliament.scot/S2_Bills/Family%20Law%20(Scotland)%20Bill/b36s2-introd-en-amend.pdf

[Thisisworsethananticpated]

Oh wow
Ethically I’d have to say something
That’s shabby as hell
Really tricky one op

Will discretely telling her rebound on you ? Otherwise research the legalities and tell BIL he will get in so
Much shit he can’t contemplate

[Biscuitsanddoombar]

God tell her, write her a letter, call, email whatever

Your in laws sound dreadful & yes as others said, if your DH is willing to go along with their shitty behaviour I’d be very 🤨 at him as well

[ThomasHardyPerennial]

Op, why do you think your in laws deserve your loyalty, when they are doing such a morally corrupt thing? Loyalty is bullshit, and just a means of shutting up anyone who reminds them they are dishonest dickheads.

[FedUpAtHomeTroels]

Do you have a mobile number for her, or is she on your facebook, can you text or messenger her, she should at least get all those mortgage payments back.