Housing

[Mayley03]

Husband on deeds
Tennents in common with his parents
No Mortgage on house was loaned to us by his parents and paid out right

Husband suffers with menta health and had to leave the house who now lives with parents

Due to husband mental health he hasnt been paying the bills and now in debt with them and hasnt been paying back monthly payments to his parents

Husband and his parents are putting house up for sell

Husband told me i wont gain anything from the house sell coz of the debt and paying his parents back of what they loaned us

Question is can they evicted me and if they do will council help me

No talk of Divorce just separated

Assuming you don’t have any formal agreement in place for you living there (rent agreement for example), it’s not a case of them “evicting” you, they can just sell their house.

If the house is being sold and you have nowhere to go then you can apply to your local council yes.

Are you a part owner? If you are they need your permission or a court order to sell.

Probably best to seek some professional advice. Do you have a law centre or similar charity in your area that does specialist housing advice?

No im not on the deeds of the house

Even though you are not one of the owners, you have the right to live in the family home and cannot be made to leave. Your husband and his parents will need to get an occupation order if they want you to leave. Also, if you divorce you would be entitled to a proportion of the value of the house.

This is not true. In order to have home rights you have to register them, if OP hasn’t done that they absolutely can sell it without her say so. To add to that, it is incredibly difficult to get home rights registered where the home is not owned solely by the husband. As this home is owned between the husband and his parents it’s unlikely OP would be able to register home rights, especially at this stage when they are selling it. You would need to seek proper legal advice to even try and register home rights in this situation.

@prh47bridge- Im not sure all that is true. She hasn't been repaying the loan, neither had the ex husband, and she been living 'rent free' in the property. The people who financed it, now want their money back, and they can sell it. She would be entitled to a percentage of the profit, once the full loan is paid back, same as anyone who sells a house would be, but depending on how much it sells for, that amount may not be much. Is there a reason that you haven't been paying thr loan back @Mayley03 when you know he'd stopped paying?

You need to get legal advice. There are nuances around family situations that need an expert. This may or may not be helpful https://england.shelter.org.uk/professional_resources/legal/renting/introduction_to_security_of_tenure/what_is_a_licence

The important point is that her husband is part owner of the property. His parents do not own it outright. Indeed, absent a deed of trust, he owns 50% of it even if the loan is more than 50% of the value of the property. As he is one of the owners of the property and it was the marital home, she has the right to live there and, as I say, her husband and his parents will have to get a court order if they want her to move out.

Again, legally, incorrect. They are tenants in common, OP hasn’t specified what share each has. One of the downsides of tenants in common is that each has the ability to sell their share without consulting/needing permission, his parents can absolutely do this.

Also, incorrect about matrimonial home advice. If her husband was sole owner then she could have registered home rights. As he co-owns with his parents it is much more difficult to establish these home rights because it is NOT just a matrimonial home. Any solicitor can tell you that.

I did not say she could register home rights, nor did I say that the parents can't sell their share of the property. They clearly can, and they don't have to get her to move out in order to do so. I said they need a court order to make her move out.

You’ve confidently stated that her husband owns 50% of it, which is incorrect. OP hasn’t stated anywhere what share each holds, as tenants in common his parents could own 99% for all we know.

She has NO rights to live there, as presumably has not registered (because she’d have found it near impossible to register these rights given the tenants in common situation). They don’t need a court order to make her leave. His parents can sell, her husband’s only options are to either buy them out or agree to the sale. He’s already agreed to the sale. OP has absolutely no rights there and no court order is required whatsoever to make her leave. House sold, she leaves.

The only time in this situation where a court order would be required would be if husband was refusing the sale, which he isn’t.

You could try actually reading what I wrote. I stated that, absent a deed of trust, he owns 50%. Of course, if there is a deed of trust he may own more than that or, more likely, less than that.

They absolutely do need a court order to make her leave. Even if she was a squatter, they would need a court order to force her out. If they sell, she wouldn't have any right to stay there, but they couldn't give vacant possession unless she left. If she refused to leave voluntarily, they would need a court order.

There is no need for a deed of trust! They are tenants in common, that means they own whatever % they originally agree. It is NOT automatically 50/50. You are thinking of joint tenants, which is 50/50. Tenants in common have set % and that is not necessarily 50/50.

When people own a house as tenants in common it is assumed that they have equal shares unless there is evidence to the contrary. In order to ensure it is legally enforceable, that normally takes the form of a deed of trust.

I am not thinking of joint tenants. A deed of trust has no effect at all if a house is owned as joint tenants.

Ive been giving my husband a set amount on what we agree each month to pay it back to his parents but he hasnt been paying back his parents for the last six months hes got him self in to alot of debt due to his mental health

My husband told me once the house sells his parents will get all there money back which i understand and the profit will pay off his debt so i wont gain from the profit .and said im quite welcome to his debt .but his debt not in my name so not my debt .so will i be leaving with nothing and no where to live with my to boys all this happened coz of my husband mental health

Thanks sounds about right i dont know what % each own all i know is his parents paid for the house out right .my husband name only on the deed

Then at the bottom its tennants in common with his parents

Thanks sounds about right i dont know what % each own all i know is his parents paid for the house out right .my husband name only on the deed

Then at the bottom its tennants in common with his parents

@Mayley03- parents are entitled to their loan amount back, but if there is profit over that, they are not automatically entitled to that- if they put in 100,000 and the house sells for 120000, they are entitled to their 100000- if their son owes them other money, that's not your problem. I would get some legal advice ASAP, as ultimately yes, you'll become homeless when they sell. There is a process to go through- they will need to start proceedings regarding habit. You removed from the property, same as any other tenant- would also contact shelter to find out what they advise, and you will probably need to contact the council regarding accomodation. Are how parents aware you did try to pay? Would they consider you paying the whole monthly amount and not selling until the kids are older?

They wont keep me in the house and to be honest i dont want to be here any longer than i have to i have contact the council and they just said i need a eviction letter before they do anything .all this has happened coz off my husband mental state .feels like im being punished for it .i left a rented 3 bedroom house to move in with my husband

You have matrimonial home rights, see a solicitor.