Home rights Declaration of trust

[Mayley03]

My husband the legal owner on the deeds with a declaration of trust but his parents has they brought us a house out right with us paying them back a monthly payment he has left the house as we have now Separate due to my husband mental health. hes saying he has no Financial intrested in the house so his parents now become the Beneficiary owners .they want me out as they want to sell i have no Tenancy agreement with them .i got told to submitted my homerights which i have .ive contacted the council for housing and they said the only way they will help me is if my inlaws get a eviction notice by the court .i dont want to be living here any longer than i have to but ive got no where to go and cant just leave as im making my self homeless and then council wont help me also got two sons that live with me but not my husband .any one else been in this Situation or any Advice .i cant afford a Solicitor and i cant get legal aid

This does sound potentially complicated. Do you have a service like this near you?

https://www.bristollawcentre.org.uk/get-help/family-law/

Or you could try this

https://www.rightsofwomen.org.uk/get-advice/family-law/

The notice of home rights you file yourself. Searching for home rights on here might give you a bit more understanding from others experiences.
This page sets it out but the tricky bit is that the ownership in your case looks unclear.
https://www.stowefamilylaw.co.uk/blog/2024/05/15/a-guide-to-home-rights-notices/#:~:text=By%20submitting%20a%20Home%20Rights,and%20the%20notice%20is%20lifted.

I do think you need proper legal advice though, if you can find a charitable source.

Thank you ive phone so many many Solicitors they wont help as cant afford it and citizens advice wasnt much help .it is very complicated but i cant afford to Privately rent with one income where i live your looking at 1,300 a month to rent Privately

It’s really difficult from your post to determine whether or not there is a dispute over the ownership of the property.

Do his parents own the property?

What are the “payments” for? Is it rent or something else?

If rent, do you have a rental agreement?

At the end of the day if you are a tenant then the council is saying you need to be evicted to get their help. The owners, his parents, need to follow the correct process to evict you. They need to ensure they have acted in accordance with their responsibilities as landlords. Once they issue you with a legal notice to leave, probably section 21 notice, they can start eviction proceedings if you don’t leave on that date. This can take months. During which time you are housed and most councils won’t take responsibility for you.

If you are not a tenant and you believe you and husband have some ownership of the property you have a different legal challenge as does he and his parents. They might be worth a lot of money or very little. If you have paying towards the house for 30 years, the ownership might be worth a lot. If you have been paying for less than 10 years and not paying a lot it might be worth very little. If you have documents and agreements to show ownership it could still be an expensive legal challenge.

My husband is the legal owner on the deed With a declaration of trust, by his parents .so his patents brought us a house out right and we pay them amount back a month my husband now left the house and hes saying he has no Financial intrested to the sell so then that makes his parents Sole beneficiary owners and want to evicted me to sell the house

The monthly payment in to pay them back for buying the house i have no Tenancy agreememt as im married to the legal owner

Ok, well as long as you are married to the owner the council will see you as housed. Thats because you partly own the property. But you are also partly responsible for the debt.

His parents cannot evict you as a tenant. But they can exercise any rights they have in relation to the loan. If it isn’t being paid or they have the right to recoup the loan at any time you and your ex will need to pay them back.

How much is the house worth? What repayments did you both make? How much did you pay each month and for how long?

You really need to seek specialist advice, shelter or a community law service would be best.

you can have a tenancy without anything in writing, so pp above may be correct in that your in laws need to follow housing law to evict you.

The house was brought in 2018 for 339 and its Valued at 399.50 we paid 800 a month to his parents up until now and husband left the house . his parents want to sell and husband saying he has no Financial intrested in the Property so when they sell the house his parents will have the money of the house

You will need to get hold of the agreements between your ex and his parents.
This will tell you what the £800 pm was paying for and what their claim in the property is. It sounds like they loaned him and you 339k and the question is how much you have paid off in terms of that loan.

And you are going to need a lawyer to establish your claim to the equity and then secure your share in the divorce. That could cost 5 figure thousands. There is a good chance that a lot of what you get from the divorce is eaten up by lawyers costs.

you need to get hold of the paperwork and if you can’t do that on your own you need to pay a lawyer to get it for you.

The issue you need to clarify is how much money your ex and you owe his parents for the “loan”. But there is a good chance you have only paid off the interest on the loan. Meaning you could owe them 339k when the house is sold.

You might get universal credit to help

The council won't help you just because you don't like who owns your current home sadly - you have a safe roof over your head so you're not a priority

They'll have to take you to the courts

I'm confused. You are married to the owner of the house. It is a marital asset. He can't just give it back to his parents, they can't sell it, it doesn't belong to them. You are his legal next of him not them.The debt is a seperate issue, who was paying that? The sensible thing to do is that you and dh sell it and repay the loan to his parents and keep the remaining equity so you can split it if needs be. Don't let them sell your house.

My husband name on the deeds as the legal owner I have a copy Of the declaration of trust and we were paying intrested only back to his parents ive had a Solicitor's letter from my inlaws , stating because my husband has no Financial interest in the house.It makes them the sole beneficiaries owners , which they will gain all the money from the house sale. They have told me from the Beginning I will not get anything from this house Sell I have paid monthly payments back to my husband to pay his parents . I have contributed to the house. I've maintain the house.I have upgraded the house with my own money .i dont see how if they get a court evicton the court will agree to kick the legal owners wife out with nothing .

Yes i agree with you but the argreement is between my husband and his parents no written agreement with me .thats what i thought would happen sell the house give his parents back the 339 and me and husband spilt the Equity .but nope inlaws are greedy they have no Mortgage on any of their four houses and my husband also owns 25% of his parents house

This is too complicated and you really do need a solicitor. Your husband can go to court to get the right to sell the property anyway so either way you will need proper advice.

I have spoken to a Solicitor who's doing me a favour?
She's got a barrister She knows that is looking over all the documents For me, but I haven't heard back from her yet .even she said This is very complicated as being married.You normally find this in cohabitating couples .

So it appears that to avoid splitting any equity he is giving it back to his parents. Have you registered your interest on the deeds?

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/preventing_sale_or_disposal_if_one_partner_is_the_sole_owner

I would read this and register your interest. Expect them to get angry when you do this.

Do you work/have an income? You need legal advice and you need to understand his parents will likely have already taken advice.

I think You say that it was interest only loan. Do you mean interest free loan? It is really important you get this correct as the two have very different meanings. If it was an interest free loan and you have paid say 36 payments that is 36 x £800 = £28800 paid off the amount borrowed. If you paid interest only then you just gave them interest and paid nothing towards the debt.

You may not want to take legal advice but you need to. You can’t afford not to. You then need to consider representing yourself especially if the agreement clearly shows it as an asset belonging to him.

It was intrest free loan so we paid 800 a month over 5 years thats 48,000 paid back to them .ive Registered my home rights

Yes they are being very greedy but my point is that they can't just do what they want. If dh owns 25% of a another property then that also forms part of your marital assets and it might be worth registering your interest in that house too just so you can use it as leverage against their behavior. You are entitled to have that considered too and it seems likely he will try to 'give' that back to them as well.

He isn't your friend anymore, he is trying to stop you getting what you are legally entitled to, what ever bullshit that comes out of his mouth to excuse his behavior. Now the courts may decide that your marriage is too short (or whatever) to consider dh assets that were given to him from his parents but that doesn't mean that they can just take them. Doesn't matter if your name isn't on them, you and 'D'H are legally one financial unit and they are trying to pretend otherwise. Don't let them screw you over!!

You sound like me and your right just what im thinking .been togever 8 years lived in the house 5 years only bern married just over two years i privately rented a 3bedroom b4 moving in to his house which i gave up landlord didnt want to see me go rent was cheaper 5 years ago .but gave it up .my husband mum is greedy and never thought they would just kick me out with nothing and me and my boys be homeless .there in a rish to sell for some reason but they had to take it back off the market as i refused house viewing and submitted homerights now there annoyed with me .im not stamping my feet coz i want to live here coz i dont but ive got no where to go .they will have to get a court order to evicted me if they can .

They can't evict you. It's the marital home, it belongs to you and dh.

But husband saying he has no Financial intrested so his parents think the money from the house sell should all go to them its a complete nightmare

I don't think this means what he is claiming. A declaration of no financial interest is usually a legal document drawn up and signed by e.g. a housemate or live in partner to confirm they do not have any claim to the value of the property that they don't own (by e.g. paying rent). dh is the owner so of course he has financial interest, Im not sure how he can claim no financial interest. Has he signed a legal document to this effect? He can't just say it!

If your partner is joint owners with his parents then doing this might be handing over the value of the house to the other joint owners (his parents) but by doing so he can't sign away YOUR rights to the property.

Can you confirm exactly whos name is on the deeds to the house if it is jointly owned or as tenants in common for example.

Either way you have done the correct thing and registered your interest in the property which should stop any sale or transfer of ownership for the moment. Can you seek out legal advice yourself?

You posted about this before.

ate you 100% sure your dh is the sole name on the deeds. ?

You need proper professional paid for legal advice.

Its i only his name on the deeds as the legal owner and your right about having no Financial intrested in it he just cant say he dont .theres a Declaration of trust.Don't know if thats mean tenants in common.i have no idea .but defo not joints tennents