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Legal matters

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Do PIL have any legal rights?

5 replies

AutumnDragon · 27/04/2019 17:50

FiL is starting to get doddery and MiL is struggling to cope on her own. We have the space, so said that, with some work being done to the house, they could move in with us so we can help.

They are paying for the modifications, sort of an extension type thing. It will add saleability to our house but not necessarily value.

They are not on the deeds, never will be and will not want the money back. We have agreed that we will always provide a roof over their heads but there is nothing in writing, (we will put in our wills that should we both die, our son will inherit everything but must make provisions for Pil)

Are there any legal ramifications to this (not the Will part as we'll use a solicitor for this)?

I think what I'm asking is, should DH and I divorce, can we sell the house, or will it be, like with children, that as PiL are dependants, DH will be able to remain in the house and we can only sell it once they die or move out?

Does all that make sense?

(BTW, I love PiL and this was my idea, so not a inlaw bashing thing)

OP posts:
spongedog · 27/04/2019 17:53

Complex so please seek legal advice. You should get something in writing - it would protect you, DH, DS and PIL as you all have different interests to protect. I do wonder if PIL would count as a "sitting" tenant, but I am not a property lawyer.

Collaborate · 27/04/2019 18:23

Yes - they would acquire at the very least a life interest in part of the property under a constructive or resulting trust, or using Proprietory Estoppel they would be able to resist an application for possession. You are almost certainly breaching your mortgage conditions (if you have a mortgage) so should the some advice as spongedog says.

AutumnDragon · 27/04/2019 19:09

Thank you both, I was afraid it wasn't going to be simple.

I'll have to have a chat with DH, as we're part way into the process so will need to get this sorted asap.

OP posts:
BubblesBuddy · 28/04/2019 00:19

Could they not have had carers in their own home?

Shelley54 · 28/04/2019 13:21

Should either of them need care in the future the money they put into your house may also he clawed back by the council under deprivation of assets. Get some proper advice before you go further.

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