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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, Im after some advice. I am married with two children.

Resolved Question:

Hi, I'm after some advice. I am married with two children. My husband and I were given a large deposit towards a house by my husbands parents so we have very little mortgage. Due to my father in law's health deterioration, they have offered us another house to live in with our family. So we moved in on the understanding that once our "original" house is sold, they get their deposit back and my husband gets the larger family house signed over to him. They have recently changed this and are now saying that my husband will not get the house until they have both passed away. My worry is that my husband has two older brothers who have made it clear that they may fight for the house. Also, over the coming years, my wage and homemaking that I put into the house may end up not being mine and therefore I lose everything. I'm just after some advice. Also, could the government take the house before my husband inherits, it to pay for care of my elderly in laws?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you mean that you are now living with your in-laws?
Is your own house actually on the market?
Clare
Customer: replied 3 years ago.

Hi Clare,

 

Yes we are currently living in the family home with my in laws. They are currently having a house built on the land at the back with the estimated completion being in June. Our own house is currently being rented out for 12 months as it didn't sell as quickly as we wanted.

Expert:  Clare replied 3 years ago.
Hi
How much is your house worth and how much is outstanding on the mortgage and owed to your in laws?
How much is the Family House worth?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Our house is worth 110,000 & the outstanding mortgage is 38,000. The family house is worth approx 300,000.


 


Bex

Expert:  Clare replied 3 years ago.
Hi
How much do you owe his parents?
Clare
Customer: replied 3 years ago.

It would be whatever we sell the house for minus the mortgage. So around 70k. We'd pay the mortgage off and give them what's remaining.


 


Bex

Expert:  Clare replied 3 years ago.
Hi
What was the purpose of this - are you expected to help with their care?
Clare
Customer: replied 3 years ago.

Yes, that was a part of the arrangement. We will be close by to help out when they need it. They also have another property which is worth around 350,000 which is being split between the other two brothers.

Expert:  Clare replied 3 years ago.
Hi
Is £70,000 what they lent you to purchase your first house?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Yes it was 70k.


 


Bex

Expert:  Clare replied 3 years ago.
Hi
Are you or will you pay rent for the new property?
Clare
Customer: replied 3 years ago.

We are currently paying £200 a month but when we sell our house we won't pay anything.


 


Bex

Expert:  Clare replied 3 years ago.
Hi
Of course you are right to be concerned
You are giving up the security of a home that is yours and living in a property that is just maybe your husbands one day- whilst I am sure it is not what is in your mind you are at considerable risk if the marriage breaks down - or anything happens to your husband before his parents pass away.
In addition you face the risk of a potential dispute over the Will - or in the event that any assets have to be sold to pay for care.
There are other options which could reassure all parties - one option could be for the property to be transferred into all four names - you and your husband and his parents so that they retain an interest but you have some security
Clearly this will need to be negotiated
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you.


 


Hopefully the marriage won't break down or my husband pass away, but if one of those situations happened, would I struggle to fight for what I may be entitled to?


 


Thanks,


 


Bex

Expert:  Clare replied 3 years ago.
Hi
Yes as things stand both could potentially leave you exposed.
Clare
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