FIL bought our house, we own it - how do I get our contract?

[CarrotCake2]

Can I just say the 'Right listen up' thread is amazing. I just got back from my third counselling session tonight and know that splitting up is likely inevitable if big changes on hubby's part don't happen...and I'm pretty sure they won't. Or I can just continue muddle along as if everything is rosy to avoid conflict, which I don't plan to do for much longer...

My biggest predicament is that I don't know the financial implications of our agreement with our house with his dad, despite many different ways of googling it! And I'm missing a vital piece of information.
...Basically, my FIL bought our house outright, and we pay him monthly, with interest of course. BUT I have none of the paperwork at all . I feel really naiive and stupid to admit this, and I have asked my hubby for it a few times over the past 2 years to no avail, there is never 'a good time' to ask for it apparently. Apparently it was on the kitchen worktop when we moved in - of which I was not made aware of - and where has it gone? I've never seen it. I skim-read and then signed the last page feeling very flustered at the solicitors with my OH, not taking it all in with his parents and the solicitor there watching me; I know that my agreement with hubby is 50/50 - the solicitor re-iterated it and I saw it in print, but I don't know how it would work if it our relationship went to pot (both our names are on the land registry website btw). I know hubby would expect/want me to leave - but idk if I I would get half what I put in over the past few years, or if the house would get sold and I'd get more as our house has increased in price?

...I really want the contract for peace of mind - I just need to know. There are multiple reasons I don't want to ask his dad for the paperwork. Can I just go to/email the solicitors and ask for a copy? The other issue is that his dad is pals with the solicitor, so this may send up a red flag, and I don't want him being pre-warned something is likely up. Is there a way I can ask for the contract without raising suspicion? My surname name has changed since we got married ofc, I could say I need to update it...though they may wonder why I didn't do that 2 years ago, why now? I don't even know what this contract is called to ask for it!

I'd then likely need to see a financial advisor. I only have £1.5k in my own savings (thankfully I never sent it to my hubby for our next holiday - the fact we do all our finances entirely separately is one of the many, many reasons I'm unhappy in our relationship). Any advice anyone can give me would be greatly appreciated. I'd obviously have to rent to start with.

We have no kids, I want them but had an abortion earlier this year as he didn't want me to go ahead with the pregnancy and I was scared to go ahead without support. Please don't judge me, I want kids but especially glad I didn't go ahead as things aren't great now, and around now is when the baby would have been due. I just need to get my Plan B in check to feel like I have some control of my life right now.

It took a lot of guts for me to post this btw - I wanted to post this almost same message over 2.5 years ago (our problems kicked off after we got married).

Sounds like you're renting from your FIL or was house a gift?

Sorry to hear this OP. Unless it is a very small solicitors, you will probably deal with his secretary or receptionist anyway. So I would go ahead and contact them for a copy. What's the worst that can happen? Your fil gets 'warned'. It won't change the terms of an already agreed contract. At least you will know where you can stand and can start making plans. All the best

You need a solicitor of your own, OP - don’t use the one that you/he used to buy the house.

Once you’ve got a solicitor of your own, they will know how to go about getting the documentation you need and what you’re entitled to. I strongly suspect that if his dad bought the property and you are buying it off him in instalments then you may end up with very little, I’m afraid. But get legal advice ASAP.

Give the solicitor a ring and ask for a copy. They can only say no and give informal advice when you speak to them.

I have read this post before. Have you shared something similar before this post OP?
Please stop calling that dick ‘hubby’.
I also don’t understand how you can own the house if he bought the house outright? Is the reason that you never saw the paper work again is that the paper work was a trap for you laid by your husband and FIL with the help of this solicitor friend?

Is this a religious arrangement?

It sounds like a Sharia compliant loan, where your FIL bought it at one price and sold it to his son and his wife for another price, with the repayments making up no more than the new price.

You'd have to get a mortgage (which may not be Sharia compliant) to buy out your husband's share.

Or vice versa if you're the one leaving.

If it’s not in your name then there is hardly anything you can do. What was the paper work about then? What did you sign on?
If you don’t know the answer to all this, the solicitor is likely complicit and you will only end up warning the others side if you contact. I will cut your losses and will focus on the future.

I think you need your own solicitor because some things aren't clear and you should explain to a professional who can advise, e.g.
Your FIL bought your house, but did he then hand it over to you in terms of you having the deeds and owning it?

Even if he did there is the loan you both have on it (which still stands whether it's a loan to him or a bank).
The deeds are usually "lodged" (held safe) somewhere not just left lying around.
Sometimes you can get an hour's worth of legal advice for free - but go prepared with the questions and any info you do have - otherwise you will lose the chance of the free house as you have to go back with items.

It’s imposdoble to say without looking at the terms of the contract but what most likely has happened is the following:
You and your DH are joint tenants. Your FIL has given you a loan in return you have given him a charge over the property and you are paying interest. The result of you sold your house would be that your FIL would be entitled to the amount he loaned minus interest (and any get out fees specified in your contract) and the rest would belong equally you and your DH and would be split upon divorce as a marital asset. If there are other terms within the contract (e.g. if you sell you FIL gets any sum that represents the increase of property value or ifyouecit the contract then you have to pay a settlement to your husband or generally something that seems quite unreasonable) you would probably be able to argue against as an unfair term. You also need to consider who is the main cater for your children. If you are the main parent you can argue that the house is the family home and that you should be entitled to live in it with your children until the youngest is 18. As an alternative you may be able to argue that the court should make an order to the effect of a nesting approach (where the children stay in the family home while the parents keep seperate residences and stay in the family home on their contact nights) for the benefit of your children, however this is quite a novel approach in English law and the uptake seems to have been quite slow. I’m not particularly well versed in family law and don’t know what circumstances trigger such an order but it is something you should ask you solicitor about, particularly if you are appointed a judge that has made such an order before. The first step is to obtain the contract. Your solicitor should have it on file. You do not need a reason to request it, you can just say that your husband has misplaced your copy and you would like another to put into your papers.

It’s not a shariah compliant mortgage as op is paying her FIL, the price of the house plus interest.

OP you’re going to have to get your own solicitor involved in this. It’s good you’re on deeds so it’s a family asset.

But get a solicitor.

Using your own solicitor is s very good idea. If you have no paper work at all, at least create a factsheet with timeline of all the things that have happened so far. Also write down the amount of money you have put into this money pit since FIL bought your house. Go well prepared.

Oh dear :( Definitely sounds like your FIL owns the house.

You can't have half of your FIL's house on the event of a divorce.

When you say your FIL brought the house, what do you mean? That he brought it from you? Or he brought it and you live in it?

It’s nit sharia compliant because they pay interest.

If the house shows up on the land registry website as owned by op and her husband doesn’t that mean that she doeee have a financial interest in the house?

Also op on the land registry website does your father in law’s name appear on it as having a charge secured on the property?

From now on, also make sure that whenever you see a piece of work, you simply take a photo of every page and upload on your email address. Then send to another email address.

Also if you are on land registry then you are the legal owners. Your FIL may have been the equitable owner if he payed for it by virtue of a constructive trust but what you describe sounds more like a loan agreement so it’s most likely the case that his equitable right is a charge over the property which means that he gets to recover that amount when the property sells.

NotSuchASmugMarriedNow1 Wed 21-Nov-18 21:32:21
Oh dear sad Definitely sounds like your FIL owns the house.

You can't have half of your FIL's house on the event of a divorce.

..I don't want half the house, I'd be hoping for half of what I paid into it the past 3 years

^ This.

But do you know who owns the house actually? What did you sign on? Check the land registry website if you don’t knwk who owns it. It appears that you know you read name is not on the deeds.

OP, can I ask how much rent you've been paying?

My husband had a bit of a similar situation with his ex wife. When they split he got nothing.

You definitely need an independent solicitor. Find one and tell her/him everything, and see what your position is. Unfortunately, if it turns out that FIL owns the house and you have been paying him rent, you would not be entitled to a refund on the rent. However, if it can be proved that you were misled into signing some sort of contract that you were told was a mortgage but was in fact a loan/tenancy agreement, you might have a case against your FIL/your H/the original solicitor. Because if they told you that the money you were paying was a mortgage but it was actually rent, then this is fraud.

Have you checked who owns it on the deeds? Did you receive any documentation?

Unfortunately it sounds like FIL has bought it as almost a buy-to-let kind of thing! If you have only paid rent, you won't be entitled to anything. It sounds an odd situation.

Get your own solicitor. Someone unconnected to your family.

Because if they told you that the money you were paying was a mortgage but it was actually rent, then this is fraud.

^^

Yes BUT only if there is evidence.