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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Do daughter in laws have a right over in laws property, having

Customer Question

Do daughter in laws have a right over in laws property, having lived with in laws for over 10 years. Husband gives his father money towards mortgage.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please may I ask you to explain your situation a bit more for me. Are you asking if your daughter in law might have an interest in your property if your son has contributed to your property?
If so - please can I ask how much money was paid?
Is divorce contemplated between the daughter in law and her husband?
Kind Regards
Caroline
Customer: replied 1 year ago.
I am the daughter in law. Yes. But no divorce proceedings yet. We have a 7 year old as well. I have been doing everything myself on a part time wage and husband has not contributed.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you you for clarifying that for me.
Please can I ask a few more questions:
- how long have you been married?
- any minor children?
- what are the matrimonial assets including pensions?
- how much was paid to your husbands parents property? was this a gift? when was this?
Kind Regards
Caroline
Customer: replied 1 year ago.
12 years.7 year old - minor.We had a flat but my husband paid the mortgage and i paid the bills. Husband started to gamble i got in serious debit which i have now cleared. Husband doesnt have a pension, i do. I have shares he has no assets apart from a cheap car
My husband gives his father money every month - anywhere betwern £500 & 1000. No a gift, monthly paymentNo marital assets as well, my husband made sure of that with his father (father in law is an accounant)!!!!
Customer: replied 1 year ago.
Sorry, the flat was in my inlaws name then sold 3 years ago and we all moved in together - live in one big house now.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
I am sorry to hear about the difficulties that you are experiencing with your husband.
Are you certain that the money paid each month is specifically paid towards the mortgage of your in laws property?
what is yours and your husbands respective earning capacity?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes, that is what my husband told me. He contributes towards it.Earning capacity? What we earn?Husband about - £2,500
I earn - £800 - part time.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just noticed your phone call request - I am sorry but I cannot call you this evening but I could call you tomorrow at a time of your choosing.
If this is acceptable to you - then I think you will see on your screen a button to ask for a phone call. I will accept this and it will give me a number to call you.
Please let me know when would be best to call.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for the extra information - I will prepare a response for you now.
This will take me about 10 minutes.
Kind Regards
Caroline
Customer: replied 1 year ago.
12.45 tomorrow. I think it will be best to talk over the phone - easier to communicate. Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If you prefer me to call you to take through your options then I am happy to do this for you.
Can you see a request on your screen for a phone call? (I am sorry but I dont know what your screen looks like).
If you request a phone call - I will accept this and this will give me your phone number so I can call you tomorrow.
Kind Regards
Caroline
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.07932 069465
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you - got that now.
Will call you tomorrow.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.Talk tomorrow
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome :)
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I hope you are well - it was nice to speak with you.
This is the link that I was telling you about to take to your GP:
https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence
Please do not hesitate to ask if I can help you with anything further.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you Caroline for the information. I had some sort of knowledge that I had some rights. Obviously, need to prove evidence in some areas. I am hoping my husbands counselling sessions will work and there is no need for me to persue.
Expert:  ukfamilysolicitor replied 1 year ago.
I do hope that everything works out for you.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, things have gotten bad. Can you please let me know what amount my husband should be contributing for child maintence, please?how do i go about getting a solicitor for legal aid?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am sorry to hear that things have changed so quickly.
In respect of Child Maintenance - you will be able to get an idea of the minimum that should be paid by using this calculator:
http://www.cmoptions.org/en/calculator/
You will recall that we also discussed spousal maintenance (for you) - as your husbands income is significantly more than your income. If you did decide to divorce then this is a claim that you could also consider making. There is no hard and fast rule as to the amount you would be awarded - it depends on need but the old rules were about 1/3 of his income.
You would need to petition for divorce to be able to make a claim in relation to the matrimonial finances - which includes the spousal maintenance.
These are the letters I was telling you about to try and get legal aid. Your doctor can complete either and if they do take them to a Legal Aid Solicitor so they can assess your means:
https://www.gov.uk/government/publications/give-proof-of-a-referral-to-a-domestic-violence-specialist-support-service
https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence
This link tells you about means for legal aid:
https://www.gov.uk/guidance/civil-legal-aid-means-testing
If you qualify they will be able to help in respect of divorce, finances and in respect of arrangements for your child.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Can my husband and in laws force me out of the home i am living in (we all live together).Can i claim on money that i have used against good shopping etc...and the old flat which was suppose to be our marital home.
Customer: replied 1 year ago.
Foo*
Customer: replied 1 year ago.
Food*
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You are not going to be able to claim against food in respect of the in laws home.
I know that you think that your husband has been paying towards the mortgage each month, which hopefully will appear in his disclosure, so that you can try and argue that a share of the property is a matrimonial asset.
You could try and register a matrimonial homes rights notice on the property to protect your rights of occupation - but I consider that they will likely object to the same.
If things are bad - try speaking to a DV service such as these - they might be able to offer refuge for you and your daughter:
http://www.refuge.org.uk/
Kindest Regards
Caroline
Customer: replied 1 year ago.
My parents gave discount when my in laws rennovated thier home, can i claim that back? It is valued at about 15k
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Do you mean a deposit? Paid by your parents to your in laws? If so was it a gift or deposit?
Kind regards
Caroline
Customer: replied 1 year ago.
My mum works for a builders company and got discount on goods for the house to be rennovated. In good faith...as i am her daughter and got the discount for my in laws
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I do think you'd probably struggle with that argument.
At best even if it did succeed that you had personally added value to the property for a Trust of Land Act claim on your in laws property ( and I am doubtful) this is only a claim and doesn't give you the right to remain in occupation.
Kind Regards
Caroline
Customer: replied 1 year ago.
I dont want to use that to stay but take back what was given by my parents!I think the laws are very lacking in the hindu side of things in uk for daighter in laws, where the son and his wife live with his parents. There are laws for force marriages etc but no rights for a daughter in law who has been used financially and the son benefitted! 12 years married and my daughter and I are being turffed out like shit (excuse the pun!).I feel like there is no justice!!
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If it was your husbands property it would be a different story.
Best arguing that husband has been paying mortgage, as you think he has, and seeking that therefore part is a matrimonial asset.
Kind Regards
Caroline

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