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Original poster

Any solicitors dealing with housing issues-Need advice please

38 replies

starsnstripes · 21/04/2009 22:10

Just wondered if anyone could give me some advice re my situation please?

My FIL bought the house me ,H and the children live in 5 years ago and we pay him rent monthly which H pays from his bank account to his fathers each month.

We have no written agreemenbt or rent book.

The house is in trust for my DS ,his grand child when he is older.

H and I are going through a rough patch to put it mildly and wondered what my rights are as far as staying in the house would be?

DS has special needs and we live right near his school in which he has a statement and a 1:1 and needs stabilty and routine.

Any advice would be greatly recieved.

OP posts:

ABetaDad · 22/04/2009 17:58

stars - just read theDreadPirateRoberts post. I suspect the 4 names that appear on the Land Register that do not match your DS name may be trustees.

Do you recognise any of them?

The house would likely be registered as being 'owned' by the trustees if it were in a trust.

If you do not recognise them they may be professinal trustees working for a law firm or accounting firm or even a firm that specialises in being professonal trustees which is quite common in offshore jurisdictions.

If you d not ecognise the names, you could try typing each name into Google along with the word 'trust' to see if they come up as names at a law firm.

theDreadPirateRoberts · 22/04/2009 19:58

Just had a google - the names are those of Star's FIL, MIL, BIL, and a chap she doesn't know who is shown as living near Star's FIL. She tells me that BIL has various property interests, and the only reference I could find for the unknown chap was a property developer. Could be a personal friend doing a favour? Or could be an investment arrangement? What do you think ABD?

Original poster

starsnstripes · 22/04/2009 20:43

Thanks dreadpirate for that.

It is so confusing.

I am wondering how this house can be in trust for DS if these other people obviously have a financial stake in the property.

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theDreadPirateRoberts · 22/04/2009 20:46

Well I guess it's either in trust or FIL lied. At this stage, it probably doesn't matter, and later on when DS might be able to use the money, you'll be back in work and able to provide for him anyway?

iheartdusty · 22/04/2009 21:01

DreadPirateRobert speaks truth - at this stage, it probably doesn't matter.

From what there is to go on, you yourself probably don't have any legal rights except possibly as a tenant subject to 2 months' notice at any time.

If there is a trust for DS, but FIL went ahead and sold the house anyway, the trust would simply transfer onto the proceeds of sale. That could make it harder to get them back for DS - money can be spent - but it isn't something you have to deal with now.

By the way, the fact that there are 4 owners listed does not mean they have a financial stake in the property. If they were all trustees, they would be listed as owners, but their ownership would only be on behalf of DS (or any other beneficiary). Is there anything called a 'restriction' listed in any other section of the Land Registry document?

theDreadPirateRoberts · 22/04/2009 21:07

No restrictions stated, and it states that there is no lender. Only charges relate to previous transfer from house-builder. I've just got the 2-page extract downloaded from landregistry.gov. Is there anything else I should look for?

ABetaDad · 22/04/2009 21:09

stars - I agree with theDreadpirates/iheartdusty. It probably does not matter right now.

Original poster

starsnstripes · 22/04/2009 21:59

Thanks everyone,like you all say though in the big scheme of things this does'nt ,matter at the moment.

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Original poster

starsnstripes · 22/04/2009 22:04

thanks dreadpirate for the e mail and the solicitors details.

I recognise that firm ,may give them a ring and see what they say.
Thanks again.

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Flibbertyjibbet · 23/04/2009 17:25

I am sometimes so cynical that its embarrassing.

I suspect that 4 people have bought the house between them as an investment, you live there and think its in trust for ds so that you are unlikely to leave, and the 4 people named at the land registry split the rent each month.

The fact that bil and mil are named on it as well - its almost like a flamin' conspiracy.

I hope I am wrong.

Original poster

starsnstripes · 23/04/2009 20:44

flibberty-it has totally confused me.

If it was in trust for DS why would people put money into it for an investment if ultimatly DS would get the house.
Surly they would get nothing back?

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Flibbertyjibbet · 23/04/2009 23:08

I hate to say this but my cynical side says maybe the house isn't actually - legally - in trust for ds at all and you are just paying rent on a building that is an investment project by fil and the other 3.

If however its in trust for ds then they are getting something back - they are getting the rent each month.

Me I am so naieve I'd expect a house bought by a gp in trust for a ds where the ds lives with his parents - well I wouldn't expect rent to be charged cos thats like you are paying yourself for ds's house.

I'm being really negative. But its something you can sort out after you've gone - I know you won't want to bring the subject up until you feel safe to do so.

Don't worry about me being negative, I'm sure there is an explanation!

Original poster

starsnstripes · 24/04/2009 18:22

Flibberty-am still utterly confused.
But your expalination does seem plausable.

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