Deed of trust - third party

[Mellymiller1]

I'm in the process of getting divorced. My father in law has laid claim to over 50% equity in both our properties as he put the initial deposit down about 12 years ago and says the intention between him and his son was that this would be paid back to him. He is not in the title deeds.

He is now saying that he wants all his money returned to him and wants to force sale of our matrimonial home and our buy to let asap. The calculations he has presented me with leave me with very little and mean that I will not be able to stay in the area I live in. I am sole carer of our 3 yo daughter and she is settled in the area, as am I.

He has presented me with a deed of trust which he says I signed 3 years ago just after the birth of our daughter. I know I didn't sign it on or before the date on the document ("this deed of trust executed on XX"). He has also said the intention was always there that his investment would be returned to him.

I am taking detailed legal advice at the moment but wondered if anyone had any thoughts on this?

Meant to add that he is incredibly wealthy and does not need the money back now!!!!! I have contributed vastly to the mortgages on both properties.

Did you sign it or did he forge your signature.

I don't know. It looks like my signature but the whole document is incredibly badly drafted, no page numbers, no initials on each page. If I signed it I didn't sign it knowingly as it is very unfavourable to me and my daughter. I deal with contracts day in day out at work and always take legal counsel.

The witness is my husband's best friend and I wasn't with him on the date of the deed.

My deed of trust, between myself and my exh, was drafted up by a solicitor and had to be whitnessed by a solicitor too. It formed part of our divorce as he was still on the mortgage, but I paid him off and this was to ensure that he had no further claim to any equity.

As you are already doing, I'd get good legal advice.

I don't think he can force you to sell as you have a DD, unless there is a signed agreement that you'd move out or pay him at an agreed time. Which is where this paoaer has come into it

FIL isn't on the deeds of either property and no declaration was made on TR1. He may be able to force sale of our buy to let property but I doubt he could on our matrimonial home.

There is nothing in the agreement stating when the loan can be recalled, how etc. I can't tell you how badly written it is - I've had a lot of friends who are solicitors look at it and they have all interpreted it differently and have said "I have never seen anything like this".

I've got an experienced barrister on the case who is giving me opinion and likely court take on it.

The date of the deed is not usually the date that everyone signs it. Different people sign at different times, then at some time later it is dated.