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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Mother in Law tying us down

31 replies

Oh2bFree · 23/07/2020 17:11

I am new to this forum and am reaching out in total desperation as I feel very close to breaking point.

My husband is a joint owner with his mother and she won't sell. They bought the house years ago on an interest only mortgage which was only intended as a short term arrangement as an investment. She was on benefits then having not worked for 30 years. My husband was working and qualified for the mortgage. It was taken on joint ownership.

Fast forward to 10 years later and now she is an OAP on pension.

She has agreed to sell and then disagreed and then agreed and then delayed for years. She has sent legal letters threatening court action for larger equity for 5 years - and I mean larger - she is claiming 90% due to right to buy discount. But the right to buy was offered to both my husband and her and there would be no equity without my husband funding the rest through the mortgage.

My husband and I are living in a tiny house which I own (mortgaged) which half the size and struggling for space as he is now working from home. I can't find work at the minute so I am classed as a dependent. We badly need to downsize the mortgage and move to more suitable housing for space and type of house (I have a condition that makes getting up the stairs very difficult).

With an outstanding debt of around 33k on my husbands head and on mine through marriage and his owning the other house with his mum, our borrowing is limited. I am fearful of us being on just one wage or losing this wage and in this house for the remainder of the term on his house or renting And even then, I am fearful that she may be so stubborn and determined to ruin us that it will go down the repossession route at the end of the term. It wont affect her but it would affect us.

I feel so trapped. I feel that no-one understands when I try to explain how awful it feels to have someone who is a mother in law and an OAP exert this control over our lives. She is basically living there for about £40 a month whilst tying us down to the full loan liability.

She does not operate on her own, she has a boyfriend for 20 years now and he advises her of how to milk the system in any legal matters.

My husband wants to sell and be free from her forever as I do, but we know she will simply start the same cycle all over again - agree to sell but not sell and say she will sell only if he accepts next to nothing of the equity. There is around 70k equity and she would have no problem with half of this renting or getting benefits or even buying somewhere with a lifetime mortgage but she wants it all. She is over 75 now and the lump sum will be disregarded anyhow. She spends all her days at her boyfriends house whilst the property sits empty. It is criminal.

I know she is taking the piss and we have backed off every time she throws her toys out of the pram when we try to extract ourselves. Only now things are getting desperate.

We feel we have nowhere to turn, and solicitors fees are out of the question. We do not qualify for legal aid and may be forced to act ourselves with an application for a court order to sell.

The battle that is the hardest is knowing that she will play on her age for all it's worth. But we are hardly spring chickens either now, hitting 50 next year... She is affecting 2 peoples lives here.

I guess I'm just reaching out for someone to understand this. Old people are not always nice and parents/parents in law are not always nice either. My parents are both deceased and it is very hard to stomach that this 'parent' acts like this.

It is the slow tap dripping on the forehead that does the most damage. I have felt suicidal over this in the last few months.

Has anyone else experienced similar?

OP posts:
monkeymonkey2010 · 23/07/2020 17:54

move into it?

FizzyGreenWater · 23/07/2020 17:55

I'd probably move in Grin

Seriously. It's just as much your house as hers. Move in, move your stuff in, make her life a living hell until she agrees to sell. She can always go to her boyfriends it seems, so it's not as if you'll really upset and harrass her - she has somewhere she can get away from you.

Move in.

Decide to paint the hallway.

Have a party.

You name it.

I'm not joking!

monkeymonkey2010 · 23/07/2020 17:56

or just take it down the legal route and get a court order that she either buys you out or sells.

FizzyGreenWater · 23/07/2020 17:56

I mean, if you don't have keys you have every right to break the door down and change the locks as long as you give her a copy of the new keys. Do so when you know she's at her boyfriends.

Take control.

Dollyrocket · 23/07/2020 17:59

I agree with PP, what is stopping you moving into the house? Then renting out your current place?

NellieandRufus · 23/07/2020 18:02

I was going to say move in too!

Buttercupsandroses · 23/07/2020 18:03

I agree you should move in

BurtsBeesKnees · 23/07/2020 18:03

You've got two choices

Either move in

Or

Go down the legal route and force her to sell

NellieandRufus · 23/07/2020 18:05

Is your husband paying the full mortgage on the house he owns with his Mum or have I misunderstood? If so, why?

Louise0701 · 23/07/2020 18:06

Definitely move in! Your husband also owns the home so you have as much right to be there as she does. Move your stuff in when you know she’s at her boyfriends.

gamerout · 23/07/2020 18:10

Why don’t you move in? She’s at her boyfriends anyway and you legally own half of it! Can you not find a couple of hundred quid for a decent solicitor to advise you for an hour? Rights for women website? Citizens advice?

woodhill · 23/07/2020 18:13

Yes move in as you have evidence he is paying the mortgage and she isn't contributing anything.

FattyBoom · 23/07/2020 18:20

Could you charge her equivalent of market rent for your husbands half of the house? Make it less desirable for her to hold out on selling...

Beautiful3 · 23/07/2020 18:37

Rent out some bedrooms. I'm sure after a few months, she will be happy to sell!

Fluffycloudland77 · 23/07/2020 18:38

You need to go legal. Long term she can’t have a free house off you.

Thislittlelady · 23/07/2020 18:40

Move in. She will want to leave or force you to sell. She gets her 50% only. I agree, we were always taught to respect our elders but when they’re behaving like arseholes why should I? She thinks all her faffing will force your Dh to agree to 70% or whatever she’s come up with.... don’t do that. Move in. Some old people are awful terrible badly behaved arses.

slipperywhensparticus · 23/07/2020 18:43

yup I would be moving in ASAP

SixesAndEights · 23/07/2020 18:49

I'd strongly advise against moving in!!!

You need to go down the legal route and force a sale. Don't put up with her nonsense for another moment.

fairlyplump · 23/07/2020 18:53

I have to agree with a lot of others, move in, and let her stop ruling the roost ! Stop being intimidated by her, she sounds a like a right old witch.

Justjoshin22 · 23/07/2020 18:59

OP, you must get that court order. She is not to be reasoned with so the only way to sell is to legally compel her. Moving in is an option but I think it could make things even messier? I feel for you, that is very difficult!

Oh2bFree · 24/07/2020 13:22

Husband was paying full mortgage. She then took out an SMI loan without him knowing, without any need as it was already being paid by him. This ousted his payment, which after weeks of battle with the bank, has been reinstated and which is now reducing the capital (albeit only a little) per month.

It was all about control with her and keeping the loan high over his head to make him back down to her demands.

So she is only paying £40 per month via her SMI loan. Which also appears to have severed the tenancy from joint to tenants in common.

OP posts:
Oh2bFree · 24/07/2020 13:31

Thank you all by the way for your comments. I feel not so alone or desperate any more when I see your all of your helpful replies.

Moving in would not be an option, I agree that it would make things messier and she would claim she is being harassed by us. I think we have to go the legal route by ourselves. When we looked at this before, the court fees we were quoted were approx. 4k. So no go in that regard except by ourselves.

I think part of the problem was that we backed off every time before when she started her demands and court threats (which she never carried through funnily enough), and perhaps it simply is a case of letting her see that this time there is no backing off. We can't continue to put ourselves second anymore, financially or psychologically.

OP posts:
FatBottomedGurl · 24/07/2020 13:36

How much longer do you think she will live? If she's on a shaky peg, it might be best hanging on for another couple years and getting 100% equity from the house?

Oh2bFree · 24/07/2020 13:49

Thanks for asking that. It was something that we had looked at too.

But I don't know how much longer she might go on. There are 7 years left on the term but it would appear that her raising a second charge against the property in the form of the SMI loan she took out without my husband's consent has severed the joint survivorship clause so technically he would only get 50% anyway.

We couldn't hold out that long financially or mentally. It's just too much stress and future risk.

OP posts:
Oh2bFree · 24/07/2020 13:55

PS it wouldn't appear she is on a shaky peg physically, she goes out everyday with her boyfriends (she is 79) everyday dressed as if she was going to a nightclub, buying make-up and clothes and recently bought a herself a large car. No wonder, she can afford it living there so cheap on our backs. She spends nothing on the house though, it is in bad disrepair, she hasn't cleaned the floors since before lockdown.

Mentally though, I think she always was on a shaky peg... complete control freak and extreme narcissistic tendencies.

OP posts: