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.

[MotherofTerriers]

He might get away with it if he doesn’t tell the solicitor he is married. Yes it would be fraud but hard for her to recover the money later, particularly if his family will help him hide it. And if the buyer is a friend who lets him rent it, she might not be aware for a very long time

[ALLIS0N]

I’ve just remembered - when the Dh bought the property he will have signed documents declaring that he was single / married at the time, so that will be noted. And he bought it after their marriage.

Also on the Land Registry Documents for the property, the husband would have to declare

I [husbands name ] declare that as at the date of execution of these presents the subjects of sale are neither (a) a matrimonial home in relation to which a spouse of mine has occupancy rights within the meaning of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 nor (b) a family home in relation to which a civil partner of mine has occupancy rights within the meaning of the Civil Partnership Act 2004 as amended by the Marriage and Civil Partnership (Scotland) Act 2014.

[SkedaddIe]

As pp have mentioned BIL would have to commit fraud to do what he plans and it would be a very stupid crime too. He should find that out sooner or later. Regarding telling her... I'm not sure how deeply involved you want to get because that could really blow up in your face.

I'd have a 'word to the wise' type conversation with her about protecting her finances. And even better, get her to join mumsnet because the people here will definitely have her back and point her in the right direction.

A bigger risk imo will be that he might try to get a loan against the property and then hide the cash, especially since he'll be at home to get the mail.

[getsomehelp]

I would send a letter, possibly anonymously.
Just say "you need to register your interest in your house ASAP", add the link given.

[LonnyVonnyWilsonFrickett]

@newstart1337

You really should stay out of it, none of your business.

Any money from the sale of the house will be shared out in the divorce process. How would his (ex)wife not find out about this during the divorce?

He's selling it to a friend who is a developer. Say the house is worth 300k and the mortgage is 200k - nothing to stop the friend paying 200k 'on the books' to clear the mortgage, and giving the XH 100k in a brown envelope. And then there is no equity in the house on paper, the wife would get nothing.

Even agreeing a low private valuation is doing the wife out of cash.

[teateateateateamoretea]

Christ of course tell her, how can you not? And if there is fallout with inlaws, well so what?They are nasty bastards, do you really need to be friendly with them at all?

[MzHz]

You can’t not tell her! Just swear her to secrecy, tell her that as a friend you’re suggesting that she take the appropriate actions ‘just in case’

If they do this in front of you, they’ll do it to you.

[MzHz]

And @LonnyVonnyWilsonFrickett, the agent is planning on flipping it. In the Shelter Scotland link, if the subsequent buyer buys in good faith, the situation gets very tricky indeed.

This is what it looks like EA and BIL are trying to do

[CorianderQueen]

I'd tell her because my loyalty never lies with cunts.

[DreamTheMoors]

@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.

@Returnofthemaccys

My family is like that. They want their neighbors and co-workers to think they’re kind and generous and upstanding, when in reality they’re vicious and horrible. I’ve watched them ruin people, destroy them. I’ve been a recipient of it a time or two,
I call it inside behaviour and outside behaviour.

[RedToothBrush]

@Returnofthemaccys

DH thinks we should stay out of it. He did tell both BIL and MIL that it's a pretty grim thing to do and both went on their absolute high horses about the fact the deposit is HIS money (saved up while living off someone on a higher salary... ) and how terribly the wife has treated him blah blah. So DH feels the same as me but just like it's nothing to do with us.

I think it would be almost impossible to tip her off without them knowing it's come from me or DH as it's only MIL and the brothers in the know. You're right that it could cause a world of trouble with my inlaws. I just feel like a right shit knowing and not doing anything BUT if that link is correct and he can't do this by law, then I feel better as he probably won't get away with it.

So your husband is a fucking enabling coward who treats women with comtempt.

I hope your marriage is solid.

[andweallsingalong]

Is there any way to send her off to a good divorce lawyer, who will get all her ducks in order (including the house) by telling her that your worried he's plotting something. Then if she doesn't know exactly what it's less likely to come back on you.

[Didkdt]

Your MIL is eyeing up your DH to see what he feels is a line in the sand when it comes to divorce.
In your shoes with or without your husband I'd be running for the hills.

[MaggieFS]

I'd hate the fall out, but I couldn't live with myself if I did nothing. It will be hard for your DH, but he doesn't have to know what you're going to do, which might keep him insulated from being in the middle. Either your BIL and MIL will know deep down what they are doing is wrong and not overly fuss, or they are abhorrent people and your life will be no worse off not having them in it. Good luck.

[Sam1815]

Could you not tip her off under the guise of a friend of the person who is buying the property as a buy to let.
I.e set up an email address and email her saying your friend has mentioned they are buying a property from her husband for this reason and you don’t think it’s morally right so wanted to warn her. I can’t imagine the friend hasn’t told anyone at all what is going on. Then just deny deny deny if the MIL quizzes you.
I wouldn’t be able to sleep knowing I’d had a part to play in the financial ruin of a person (however much money is tied into the property) but I also wouldn’t want my life to be made miserable by in-laws

[Kissthepastrychef]

I'd be upfront and tell her everything you know. Your MIL sounds morally bankrupt and I couldn't live with the fact that I had silently been party to them screwing her over. What would that say about you ? That would make you as bad as them.

[Kissthepastrychef]

There is absolutely no point in setting up fake emails and facebooks. She won't believe it unless it comes from a source she trusts, why would she ?

[JillofTrades]

I couldn't consciously let something like this happen. Even if I have to do this anonymously I couldn't keep let such a bad thing happen. This family has proved how cruel it can be. Please watch out for yourself.
Poor sil was paying to keep him there and he does this? Wow and your mil agrees to ghis? Horrid horrid family.

[callmeadoctor]

Your DH should do something and I would be very very disappointed in him if he didn't.

[Alethiometrical]

My loyalty is very technically with DH's brother though actually I'm disgusted by many aspects of his behaviour.

Do you have to be 'loyal' to someone behaving so unethically? Will you be able to live with yourself? Be gentle to yourself over this, but listen to your ethical compass.

[catnoir1]

He can't do that in Scotland. The wife has to sign paperwork for the sale and give copies of her ID.

[SchadenfreudePersonified]

I don't know the legalities of it - but FGS let her know!

The odds are that he will sell it, and she will continue to pay what she thinks is the mortgage, but is actually that bastard's rent!

That's bliddy shocking!

If you don't want to cause trouble ask someone else to tell her. Surely you can drop her an anonymous note?

What an absolute git he is - and you've said yourself that it is HS behaviour which has lost him his marriage AND his job.

Please don't let this poor woman be taken advantage of - send her an anonymous letter, ring her up, ANYTHING - just give her a warning. She's obviously a good person - she's paying the mortgage for his sake because she seems sorry for him - and this is how he repays her kindness. She shouldn't have to have this happen to her.

[SchadenfreudePersonified]

@MzHz

You can’t not tell her! Just swear her to secrecy, tell her that as a friend you’re suggesting that she take the appropriate actions ‘just in case’

If they do this in front of you, they’ll do it to you.

I wouldn't trust the buggers either - they'll shaft you one day OP and your DH as well if necessary.

Please let this poor woman know what is going on.

[SeasonallySnowyPeasant]

If you have her mum's address, you could always use PostSnap, Moonpig or similar to send her an anonymous message with that Shelter link in a Christmas card.

[Mylittleturkeysandwich]

I'm a bit late to this but I live in Scotland. When I bought our house I had to get DH to sign a document which basically stated that as we were married he had a right to the house. I think if I tried to sell the house there would be more paperwork for DH to sign.