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Original poster

SIL wants DH to sign his house over to her!

62 replies

Bogeyface · 20/11/2011 18:26

Which is a) a major pisstake when she wont even acknowledge him in the street and b) imo a bad idea both financially and legally.

But I need confirmation of this to persuade DH we need to see a solicitor, he swings from saying he will do it just to shut them up, to saying he will just ignore their requests.

He bought the house 21 years ago and lived in it for 10 years
He had to move away so his sister moved into the house and rather than pay rent, paid the mortgage directly herself instead.
Mortgage, deeds etc are all in DHs name

As far as SIL and the rest of the family are concerned, as she has paid the mortgage for 11 years, the house is by rights hers and he should just sign it over to her. Now aside from the fact that this would effectively handing over his only asset, worth tens of thousands of pounds, legally isnt it a bit dodgy?

I have always understood it that if you give something like this, or a large sum of money and the person passes away with 7 years, then it is still taxed after death as if the person still owned it? So if, God forbid, anything happened to him I would be looking at a tax bill for thousands of pounds on a house that I wouldnt even own!

I suggested that we offer her two options. Either, he sells the house and splits the profit 52.5% /47.5% in her favour as that is the 11/10 year split. Or she buys him out for that amount.

This will not go down well with his family but as they have only contacted us over the last 3 years either about this issue or to slag us off, it wont make much difference. I am gobsmacked that they genuinely believe he will just give her this house, but that is a whole other thread!

Any advice on this would be greatly appreciated as we will struggle to afford a solicitor so if we could get as much info before we go then hopefully it wont cost as much in appointment times etc!

OP posts:
Original poster
Bogeyface · 20/11/2011 20:12

I totally agree Droves. He makes it sound like it was all just done for convenience and believes that it was. I think that this was all very calculated and deliberate.

OP posts:
Original poster
Bogeyface · 20/11/2011 20:15

That would be perfect Warthog but she (his mum) is not above ringing him at work to scream down the phone at him! This is the mentality of the people we are dealing with Hmm

OP posts:
TheOriginalFAB · 20/11/2011 20:17

You must take legal advice.

Have you asked her why he should miss out on his half of the equity?

Is she living with your husband's brother?

mercibucket · 20/11/2011 20:18

so initially they agreed she would pay the mortgage and they would own it 50:50? when did that agreement change and what did your dh say to her to change the agreement?
tbh this all sounds a recipe for years of solicitors fees both ways if she's so inclined, but a paid consultation with a solicitor now might save money longer term if it means moving onto a clearer legal footing wrt if she is paying the mortgage or renting

Original poster
Bogeyface · 20/11/2011 20:22

No, she is DHs sister and is single.
FAB, you are assuming that these are normal thinking people. They are not!

She wants the house, therefore she should have it, end of. His equity? what equity?! SHE has been paying the mortgage therefore it is hers, the fact that he paid it for ten years is irrelevant, she is paying it now therefore he should roll over and allow them to wipe their feet on him whilst he signs away his one major asset. And the fact that he married me (they are racist) proves his total lack of consideration towards his family so the house is the least that he owes them.

Has that made it clearer? Wink

OP posts:
Original poster
Bogeyface · 20/11/2011 20:26

Merci It didnt change, she (well actually his mum) decided that he should just sign it over because SIL wants it. As far as DH is concerned, the agreement was the 50/50 split. I mentioned a different split above to take into account the extra one years mortgage (so total of 11) she paid against the 10 years he paid.

They cant afford years of solictors fees and want it all done and dusted, and tbh neither can we and so do we! So hopefully once they realise that (which to be fair, may take a while and alot of attempted bullying on their part) they will agree to one or the other of the 2 options.

OP posts:
jasper · 20/11/2011 20:58

astonishingly generous of your DH to have ever agreed to split the ownership 50:50 . Good on him. It's great to be generous.

ASTOUNDINGLY grabbing and cheeky of MIL and SIL to assume he will just hand over his half!!!

TheOriginalFAB · 20/11/2011 21:00

Yes, that is clearer.

Just because she wants something doesn't mean she should get it.

Please tell your dh not to give in for a quiet life. She is acting like a bully and bullies need standing up too.

Original poster
Bogeyface · 20/11/2011 21:03

To be fair to SIL, most of this is coming from his mum, she is the bully. And like all bullies, they dont like being stood up to and thats why they are no longer speaking to us. I had the temerity to say no to one of his sisters once, over 5 years ago and so all of this is clearly my fault!

OP posts:
DaisySteiner · 20/11/2011 21:07

They sound horrible. I would start eviction proceedings.

roquefort · 20/11/2011 21:09

Please take tax as well as legal advice - he is likely to be liable to Capital Gains Tax on any transfer of the property to his sister.

Original poster
Bogeyface · 20/11/2011 21:10

They are horrible, they are vile. But eviction would mean his niece being kicked out along with her mum and neither of us would do that. If they leave because she doesnt want to buy him out, well that is her choice, but we wouldnt do that to DN.

She has to get intouch with DH on the quiet otherwise she gets no end of crap, and also an interrogation, from the family :( She is almost 20 but it still upsets her as she thinks the world of DH :(

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Original poster
Bogeyface · 20/11/2011 21:13

Roquefort, thank you so much

I didnt know about CGT, will definitely look into that.

Thank you

OP posts:
RandomMess · 20/11/2011 21:14

I wonder if you can get some free advice from CAB.

In the meantime you could write something like "signing the house over to sis is not possible due to tax implications, will investigate and be in touch"

Certainly life interest and leaving to neice is an option for his sister's "half"

Why the sudden desire for it to be signed over?

Is the mortgage paid off?

You could remortgage it and take the lump sum to pay off the mortgage in your marital home...

pinkytheshrunkenhead · 20/11/2011 21:25

I think the first thing you should od is start paying the mortgage to the company yourselves and flip her out of the loop - she has rented a house under the market value for many years and should have no beef at all. You need to write to her to tell her to pay the money in an alternative account and get her out of paying the company directly - she is clearly very shrewd and you do need to be careful. I have no idea even why she thinks she is entitled to any equity - she has had a nice place to live for cheaps - wtf is her problem?

Please do def take legal advice but in the first instance start paying the mortgage yourself right now.

mumblechum1 · 20/11/2011 21:26

Yes, as he's essentially selling the house to her, CGT will be payable, unfortunately.

Original poster
Bogeyface · 20/11/2011 21:27

The sudden urge to get him to sign it over is because they have behaved appallingly and they no longer have a relationship, and they have realised that he could sell it out from under her.

OP posts:
RandomMess · 20/11/2011 21:31

Well if tax is payable then it's going to be value of home - tax and legal fees payable, then 50/50 split of house. Only because your dh is kind and loves his niece!

pinkytheshrunkenhead · 20/11/2011 21:35

You have nothing to lose then do you - I doubt giving them their own way is going to improve things so do what is best for you.

I think leaving some money in trust for his niece is a better way of doing it - it is ethical and morally satisfying without getting fucked over by the family.

Methe · 20/11/2011 21:39

Put the house up for sale with sitting tennents.

Or tell sil and mil to take a running jump.

I know what I'd do!

caramelwaffle · 20/11/2011 21:40

Well. As you are married, the house also belongs to you; that is, it forms part of your marital assets. What do you consider should happen?

RandomMess · 20/11/2011 21:44

personal I'm with those that would tell them to f-off and leave half in trust to your DN. Do they have the money to pay for a solicitor to try and get the house? Surely the most she would be entitled to is 50/50ish?

droves · 20/11/2011 21:55

Do you have dc op? . Or are you planning to have dc?

Given that any assets should left to any children you and dh have ,before anything is given over for dhS niece benefit.

I know you both love her , but concider what actually handing over 50% of your other house would mean.

Also she is 20 , not a child , she ,as an adult is responsible for keeping a roof over her own head.

I know I sound ruthless , but there is a nagging doubt with me , your sil knows how highly you think of her dd , and is probably counting on your bond with her . You wouldn't make dn "homeless" , and sil is playing that.

I'd see a lawyer who specializes in property law and do it ASAP before you make any decisions.

droves · 20/11/2011 21:59

The fact you have said they are rascist , makes me want to urge you to join the "fuck em" sell it to someone else

MrsJAlfredPrufrock · 20/11/2011 22:01

How much is the equity in the house? i.e. How much is the sum being fought over, after discounting the mortgage and any other charges over the property?

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