Title deeds not matching the title register

[Ginosaji]

Is it possible for these two different documents not to match?

After the death of my mil, fil said that he had changed his will so that his portion of the house (there is no mortgage) will pass to dh & sil equally, so that they will then get 50% of proceeds from the house sale as their names are both already on the title deeds

Now 5 years down the line fil is getting remarried, and said that he wanted to change his will again so that his portion of the house go entirely to his new wife (fair enough) & said that he wanted both dh & sil to sign legal documents to say that they wont force the sale of the house upon his death, they had no intention of doing that anyway, but agreed if it gave him peace of mind

Last week though, fil rang to say that he realises that the only hope me and dh have of getting on the property ladder is with the money from the sale of this house upon the death of both him and his future wife, which could be many many years away, so he had come up with a solution

The solution was that future wife would sell her property (again no mortgage) and give both dh & sil a cut, equating to what they would get from the sale of fil's property based on current market value, but at the same time asked that in order for this to happen, he wanted dh & sil to sign paperwork to remove their names from the title deeds of his house, he said that this could all be put in motion after the wedding (which is happing in a few months)

Dh & sil agreed to this plan as it seemed like a plan that would suit everyone for various reasons, then last night fil rang again, and said that though he wanted to still go ahead with this plan, he wanted to make a small adjustment to it, future smil has a cat, which still lives at her property, apparently the cat is settled at the house & she doesn't want to upset it by moving it (cat is about 10 years old)

So fil's new plan is for dh & sil to remove their names from the deeds of his house soon and then when the cat eventually passes away, its an indoor cat if that's relevant, that property will then be sold as per his last plan and dh & sil given a portion on money from the sale

All this is now making no sense to me & dh, as it all seems rather strange, so this morning as i was really curious by now i went onto land registry and bought a copy of the title register for his property as none of this situation is making much sense

But according to the title register, the owners of fil's property are two people we have never even heard of! I guess its possible that these were the people fil bought the property from many years ago, but if the title register says they are the owners, how can the deeds have fil, dh & sil names on?

Sorry for the essay, its just that this is all so confusing & wanted to try my best not to drip feed

Every time you post it gets worse!! They need to stand firm and just refuse to get their names taken off. They already own part of the house - of the nicer house. I like the way SMILs children are now in line to get a share of FILs house.

Hopefully they will do that, given the fallout sil has more to lose than us (which is unfair)
She has 2 children, one with asd and another with physical disabilities and developmental delay so im stunned fil would want to put her in this position

I told dh earlier not to agree to sign anything till we get the copy of mil's will to see exactly what it says

I would have said the fairest thing would be FIL to leave the remaining 50% of the house as planned to your DH and SIL, but allow his wife to live there for the rest of her life or for it to be rented out to pay for her care until she dies. That way she gets the benefit of the house for the rest of her life, just not the capital.

That was actually part of the plan in the beginning but after the fall out with sil, thats when he changed his mind to leave his half to her entirely with dh & sil signing documents to say they wont force the sale

Problem is since the relationship with this woman became serious and they decided to get married he has changed his mind on how he wants to do things a few times, and each time it changes it seems to gradually benefit her a little bit more

I do wonder if the Will states that the 50% of the house is bequeathed to DH and SIL whether a sale can be enforced upon your FILs remarriage.

It is so wrong that your FIl is denying his DD her share of her mother's will because she doesn't welcome his new girlfriend as her new 'mother'.

I suspect you may need legal advice, which isn't fun as it's expensive.

I would say no and delay it until the cat dies.

Don’t sign anything and get legal advice ASAP - sadly it seems SMIL is out for all she can get.

This all sounds incredibly dodgy and I’d be very wary of signing anything.

Them speaking to solicitor themselves is a very good idea, I've already told dh not to sign anything till we get the copy of the will to see exactly what it says, I ordered that at the weekend and it says up to 10 working days for it to come through so hopefully wont have to wait too long

Due to some things i found out recently about fil it really wouldn't surprise me if he's just as much to blame for all this as his future wife is

Your DH and SIL would be crazy to sign the house over. As it stands they have 50% between them. If they sign it over, there would be nothing legal in place and they would be relying on the goodwill of the SMIL.

Your DH and SIL have all the power here, they need to say no.

So currently there is one (nicer) house, which your dh owns a quart of, and SIL owns a quarter of. There is a second house, that I’m assuming is worth less if it’s not as nice.

The quarter is their inheritance from their mother, NOT FIL.

FIL and SMIL own a house and a half. They want to leave it to all six children. That would mean that in addition to the quarter your DH already owns, he and SIL should get an additional sixth of the house and a half for FIL’s inheritance.

That’s not what he’s proposing though. He’s saying that DH and SIL’s sixth should include the inheritance they have already received.

The other children have their own other parent to inherit from, your DH and SIL have already received their inheritance.

Essentially FIL is asking them to return their inheritance from their mother, to be divvied up amongst all six of them. With the possibility that none of it will actually come to dh and SIL, if FIL dies first and SMIL changes her will.

Do not take their names off the house until they have money in their hands. I would get a solicitor involved, and would only accept an amount equal to the current value of a quarter of FIL’s house each.

I think I’d mentally write off any inheritance from FIL either way.

I would present it to FIL as, “This all sounds very complicated! I think the best thing would be if we wait until the cat dies to do anything, and then you can sell SMIL’s house to buy us and SIL out of half of your house. We’ll get a solicitor to sort all that at the time. Until then you can rest easy knowing that SMIL can live there for the rest of her life either way.” And then change the subject whenever it comes up, “oh yes, we have to wait for the cat to die first! Poor cat. It’s looking like rain!”

To reinforce what has been said. It appears that you DH and SIL already own half of DIL house from their mother s estate and F I L is asking for it to be given to him and his new wife. No guarantee they will get it back and there might be death duties to be paid next time. I suggest that if they move into the house your DH and SIL ask for rent 25% each of local rental value. Do not hand it over with full value is my advice.
My mum left her share of their house to DB and I. When DF had dementia and needed to into care there were all sorts of issues with funding as,despite his commentsto them, he did not own the house outright. Your DIL does not own his house either, he owns half.
Get legal advice before you do anything. Ask DIL to put down what he is asking you to do. I bet a solicitor will laugh! Or at least tell them not to give them a generous wedding present.

Hmm yes good points, it certainly does sound like thats whats happening and none of us trust this woman an inch and i don't entirely trust fil either

My mil would be devastated if she was around to see all this and fil does seem in rather a hurry to get this all wrapped up before the wedding in july

They should keep their names on the deeds of the house they have inherited from their mother. Read the will.... when FIL dies he can pass his half to his new wife if he likes, or he can share it as many ways as he wishes, however, this will probably end in a legal nightmare unless the will states that the property should be sold.

Logically, she should keep her property and bequeath it to her children and he should do the same with his. If she wants his house instead, she should buy your DH and SIL out.

I agree that it is unlikely that they will receive any futher inheritance from FIL, though I wouldn't be banking on easily getting their money out of the house that was their mother's either by the sound of things.

Thanks for all the great advice, fil will no doubt hit the roof if it does end up that they refuse to sign their portion of the house away, and will no doubt disinherit them both from his share, but we suspect that would happen anyway with the way he proposing to do things and not trusting his future wife

My main concern is that they should both get what their lovely mum wanted them to have, as a pp said doing it how fil wants essentially means smil children would then get a portion of my late mil's inheritance, on what planet can my fil think that's acceptable

@ForgivenessIsDivine that would seem the most logical way to do things, but my fil dont seem to be working with normal logic

It would be useful to remember that the share that your dh & sil own is nothing to do with fil & he doesn't get to dictate terms. That share was owned by your late mil and she left it to your dh & sil. Smil doesn't even get to have an opinion imo. Nevermind splitting it 6 ways to include her children. She is a CF. Fair enough she wants your fil to bring something to the table, but what he has to bring to it is 50% of his & late mil's house.

It's easy enough to set up some sort of trust to allow SMIL to remain in the house after death of FIL if that's what he's concerned about. She will also have some rights because she's a spouse. A solicitor should be able to advise on the best course of action. I definitely wouldn't be removing names from the title at this point.

If the shit hits the fan and fil decides not to leave anything from his share to dh & sil because he's not getting his own way (he has form for acting badly when he dont get his own way) then fair enough, its his share he can do what he wants

The priority really is protecting the share that my late mil left to dh & sil as if they agreed with fil's proposal they could end up losing the lot or at the very least have it severely reduced because it would effectively be shared out to include future smil's 4 children

@gallicgirl fil did suggest something along those lines in the very beginning, which made sense, as then smil would get what she wanted (to live in that house) and dh & sil's inheritance from their mum would still be safe, but for some reason that plan was deemed to complicated and not good enough, which is bonkers as it seemed the simplest solution of all, god knows what going through fil's head!

Lots of good advice here ,particularly liking

“This all sounds very complicated! I think the best thing would be if we wait until the cat dies to do anything, and then you can sell SMIL’s house to buy us and SIL out of half of your house. We’ll get a solicitor to sort all that at the time. Until then you can rest easy knowing that SMIL can live there for the rest of her life either way.”

“This all sounds very complicated! I think the best thing would be if we wait until the cat dies to do anything, and then you can sell SMIL’s house to buy us and SIL out of half of your house. We’ll get a solicitor to sort all that at the time. Until then you can rest easy knowing that SMIL can live there for the rest of her life either way.”

This is definitely a very good thing to say, seems the most logical and sensible course of action, but, given his recent behaviour and what i already know about him i think fil will kick off about it, before dh & sil do or say anything though i think its best to wait till we get the copy of mil's will to see exactly how its worded

This stinks to high heaven. Do not remove those names from the title deeds!!

If you do you and your SiL will not see a penny.

You do need the examine MiLs will.

Once you have done that just tell FiL - it’s not what Mil wanted and keep repeating

And as for the cat - do they think you were born yesterday?!