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Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husbands mum wants his sister and her young son to move

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My husbands mum wants his sister and her young son to move in to her 3 bedroom timber framed bungalow, mother in law has a will which states the property would be split 50/50 between my husband and his sister. Because the sister is a single parent (she is in full time employment) with 4 year old she currently rents a flat and has done for several years, but as mother in law is 72 and has some health problems she has said she doesn't ever want to leave the family home and go into care so she wants her daughter to care for her. The sister wants to modernise property and potentially spend £20k doing improvements, due to the property being timber framed and between 80-100 years old, nobody will lend her any money or give her a mortgage. My husbands concern is that his sister will move in and then when the time comes for the house to be split, she will have no way of raising the money to be able to buy his share, current value is around £320,000. Both the sister and mum have said they don't want to sell the property and the sister wants to continue to live there with her son for many years to come, is there anything we can do and who do we need to get in touch with, I would really appreciate a starting point as its getting very tense between both sides of the family and I'm trying to hold it all together.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstIs the property not mortgagable at all
Customer: replied 2 years ago.
So his mother is fully aware that if she wants your husband to have anything it would have to be sold when she dies?
Customer: replied 2 years ago.
Both her and the sister want to keep the house but do not understand that my husband is entitled to his share they did suggest that the sister would get a loan when the time comes and pay off in installments which we didn't think was fair as husband may never get his full entitlement
You do understand that in fact it is up to the mother who gets what?
Customer: replied 2 years ago.
Of course it is entirely her decision but she has made it clear that she would like both her son and daughter to receive an equal share of the property and expressed this in her will, but just wanted to see if there are any options of what would happen in the future, if you can't help that's fine thank you for your time I will investigate further, thank you.
I am so sorry - I did not mean to sound rude - I was just checking that there had been no family background that I needed to know.It does sound as though your mother in law is being rather idealistic in hoping that there will be a magical solution to the mortgage problem after her death.There are no standard options - it is going to be a matter of finding one that works for you as a familyOne option is to consider using a Family mediator to help with the negotiations A solution (of sorts) could be for the sister to start "buying into" the property as soon as she moves in.This would involve her paying her mother a monthly amount which is then saved - and then (hopefully)used to pay your husband as and when the times comesI hope that this is of assistance
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