Legal advice

[yvonnee78]

Hi sounds silly but I really need help in this matter I have been married for 10yrs in December and have two children when we brought our house the in laws paid for our deposit for the property nut they had a clause put in that if we ever came to sell it we would have to have written permission from them ? the mortgage is in our names me and my hubbys and when we signed up for the mortgage with the solicitors the only thing she said could happen would be that they get their money back end of. My question is if and im hoping it will never be a possibility of separation or divorce where would I stand with them having this clause about written permission to sell the house?

it was a question that was brought up yesterday and the person suggested legal advice so if anyone knows about law I would really appreciate your help right now thank you

Need a bit more information. What sort of deed did you sign with the clause in? You mention the mortgage, is that a normal mortgage to a bank? If so did you grant a second charge over the property to you in-laws?

Hi no it’s just a normal mortgage through Santander the deeds sit with our solicitor which have mine and other half’s name on it I never knew about the clause to be honest until the house sale had gone through our solicitor said that if the house was to be sold they would only be entitled to what they put down for us when the left over money was transferred through to our bank the solicitor got myself to sign for the fact it was going into my husbands bank and not a joint which now that has changed it now is a joint but I knew nothing of a clause I had only just had my second child so I was all over the place but I’m worried in case anything did happen where would I stand because obviously the mortgage is paid right down the middle between me and hubby

Thank you any input is very welcomed

I gather that you have signed an agreement between yourself your H and PIL that on the sale of the house and the repayment of the Santander mortgage then PIL are to be returned the money they put in as a deposit before any split of the remaining equity. The clause you refer to stating that you can't sell would be really unusual and I think unenforceable in the event of a marriage split as the equity in the home would be a matrimonial asset. Quite frankly it is terrible that you were presented with this agreement without prior discussion and as a fait accompli. You should have had the draft deed to consider and discuss prior to being asked to sign it.

You can ring the solicitor who drafted it and ask for a copy of the deed to be emailed to you and ask a solicitor to review it. These agreements should always be discussed with all parties beforehand so that everyone is comfortable with what they are agreeing to and understands the implications.

Thank you I will contact the solicitor in due course I think that the clause is actually with the deeds although I am a little unsure but yes a tough one ☝️ isn’t it ?

There is no way that this has been incorporated into the title deeds unless they registered a second charge over your home. You can buy a copy of your title online for a few pounds,

If you are UK then your property will be registered at the land registry, your solicitor will not hold any actual deeds per se he may hold the original of a private deed of agreement between you & H and your PIL.

As above, check the Land Registry. It sounds like they have a charge registered against the property.

Thank you I’m going to look through everything the solicitor gave me when we brought the house tonight but just to be sure so what exactly should I look for on the land registry their names and ours ??

Had a copy and they do have a charge on our land registry now what happens it says restriction it says no disposition of the registered estate by the proprietor of the registered estate not being a charge registered without written consent from the in laws names or their conveyancer wth is that what would happen then if we divorced ?? Doesn’t sound good