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Family property nightmare

76 replies

lookslikeabombhitit · 20/06/2023 00:09

Any property advice please? It's long and complicated I'm afraid but don't want to give too many details as I think I'd be easily identified! We're trying to access free legal support through clinics but are just trying to assess what to do in the meantime...

DH had a house signed over to him 20 years ago by grandparents. He is the only person on the deeds. There is no mortgage on the property and no conditions attached to the deeds that we have accessed on the land registry. We don't live in the house. Family do. No financial benefit is taken from the house by DH. A relative (occupant) now wants to be on the deeds and has produced a TR1 for DH to sign...

My question is- does being the sole person named on the deeds mean you are the owner? Are there any documents (i.e. a will or anything like conditions/terms written by a solicitor) that would supersede the deeds and force DH to sign it over? There is no trust set up about the house to our knowledge- is there a way to find out if there is one? We haven't seen the grandparents will- if the grandparent said in their will they wanted the house to be signed over to relative would that be enforceable as they're not on the deeds?

We're not trying to be grabby! This is a really horrible situation to be in as there's no "benefit" for us in any of the scenarios we can think of, it's created a massive family drama and has the very real potential of us being left destitute if DH signs this bloody house over to keep the peace as we lose the only thing keeping us afloat at the moment (UC- house currently eligible for disregard as a capital asset due to occupants, if he signs it over it'll be seen as deprivation of assets/capital).

OP posts:
LookItsMeAgain · 23/06/2023 09:29

I know that some people have said that your DH shouldn't need to get legal advice but I would think that if your DH did get advice, he could also try to get a cease and desist letter to his mother stating that he owns the house outright and if they continue to harass him (and you and anyone connected with this property), he will start the eviction process against his mother. If your DH feels that his grandmother could continue to live in the property he could possibly get that included in the letter stating that the conditions under which he would allow grandmother to remain but grabby mother to be evicted.

Definitely get your wills sorted too.

That is what I would do at this point to shut the mother up!

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