How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 28585
Experience:  25 years exeperience
13262538
Type Your UK Property Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My wife and I have a joint mortgage. The 2 of us are the only

Resolved Question:

My wife and I have a joint mortgage. The 2 of us are the only ones on the mortgage agreement but we got a lawyer previously to draw up a trust agreement that my mother in law would get 1/4 of the of equity if we ever sold as she lives with us and has contributed from the start of buying the house towards the mortgage. We all live together but not peacefully with my mother in law.

Unfortunately my wife and I can no longer live with her. We have terrible fights and we receive a lot of mental abuse from her. We really need to be able to sell the house otherwise my wife and I cannot get another mortgage. We have tried everything to get her to move out. My brother in has enough credit with the banks to be able to buy a house for her as well and we have offered this to her. After going through a lot of painful events to try buy her a house and her finding every excuse in the book to make buying a house for her impossible we have now settled on the only other option we feel we left to us. We have now offered for her to stay the current house but she must be fully responsible for the house as landlord and mortgage payments. She has agreed to this but obviously this is a massive risk to me and my wife if she fails to make payments and she may not be able to successfully rent the house out and cover the payments. At that point we want to be able to try sell the house again. If previous attempts to sell are evident of what may come then its likely she may refuse to leave the property and then we will need to evict her.

We need legal advice on what the correct legal process is that we should follow to ensure that we follow all the rules to be able to evict her if need be. My wife and I also need to make sure that we are not breaking any laws allowing her to rent out a property we own but can no longer live in. Our mortgage agreement is a primary resident mortgage and not a buy to let mortgage however we are afraid to tell the banks that it will now be let out in case they penalise us as we cannot afford that and this is not something we really want but are forced into.

Please advise us on what all we should do. Any information appreciated. Should we get a lawyer for this and how much may that all cost?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Have you considered simply forcing a sale of the property?
Claire
Customer: replied 1 year ago.

We put the house on the market. Some one made an offer and we all accepted it including mother in law. We then pursued trying to buy mother in law a house and ourselves. We looked at many, many houses that in my opinion would have been suitable but she always found excuses. A few weeks ago we found the perfect house, one even she could not refuse. At first she accepted but then again the next day she started complaining it wasn't big enough. This house was £100,000 more than we orginally wanted to pay, it was really pushing our budget to the max but it would have been worth it if only to settle this thing once and for all. Some fights started again and we all including brother in law who was going to help her buy the house felt totally abused and unappreciated. It became clear to us that the abuse would continue if we bought the house for her. She started refusing to buy a house with Son and likewise her son now realises its a bad idea to buy a house for her.


 


We asked her if she would move out and rent. We would help with the rent. She said she was ready to move out and rent but then threatened to rent a one bedroom. She is gaurdian of a 13 year child and we are concerned about the living condition of that child if it was a one bedroom. A child should not have to stay in the same room as parent indefinetly. We have always offered support to help cover the child. We offered to help pay so she could afford a 2 bedroom so the child could have her own room. She urgued with us but in the end her urguments made no sense and she realised it. She then resorted to saying she was ill, and could not move out until she was better. She uses excuses like ill all the time and also uses the child she is guardian for to mentally manipulate us all the time so this was just one more out of many that made us realise she was never planning on leaving the house.


 


Note, we do still care for the mother and especially the child. We simply cannot take the abuse no more and the lack of concern for how her actions will ruin ours. So we are always interrested in resolving things in a way that is best for everyone. But commiting ourselves to a lifetime of abuse is just not something I think we should accept. Thus, in the interrest of still trying to help her, we have offered to allow her to stay and rent the house out so that me and my wife can at least move out and live somewhere else. But this has so much risk to me and my wife. Not sure what else to do though.


 

Expert:  Clare replied 1 year ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 1 year ago.

We had an accepted offer for £457,000 and we owe £317,000. The offer is under threat now though because of all this mess.


 


 

Expert:  Clare replied 1 year ago.
Hi
Just to check - you are happy to give her her 25% of the equity.
How much does a two bedroom property in the same general area cost?
Claire
Customer: replied 1 year ago.

Yes we are happy to give her 25% of the equity. We are also happy to contribute about £400 a month towards rent. Her Son was also willing to help her get a mortgage to buy another house as she is of an age where the banks will not give a mortgage. A 2 bedroom house in the area goes for about £270,000. The last house that she rejected was selling for £350,000 which was a spacious 3 bedroom with a conservatory and guarage and she complained this still wasn't even big enough. That led to a fight and now Son is not willing to buy her a house. There is a small chance we can resolve the fight and try buy her a house again but only if absolutely necesary. She also complains that she does not want to live in a house her Son owns. That means the only option is for her to rent. If she rents then her son, my wife and me are willing to help cover the costs of living for the 13 year old child. We have said we would pay about £400 towards the rent and we already all pay for her private schooling which costs me and my wife about £700 a month and her sun and his wife another £700 a month. She no longer pays towards the childs schooling.

 

Note, to rent a nice 2 bedroom will cost around £1200 a month.

 

Expert:  Clare replied 1 year ago.
Hi
Did she own a property prior to living with you?
What is your relationship to this child?
Claire
Customer: replied 1 year ago.

No she did not own a property prior. The child is my wifes sisters child. My wifes sister is mentally ill and had drug addiction problems which resulted in my mother in law having to go to court and become the legal guardian. At the time when she became legal guardian my wife, her sister and her brother all decided to pull together and help out at the time. They all bought a house together thinking that was the best thing at the time. The child is older now and requires much less physical support. My wifes sister who also used to help had similar issues with my mother in law and completely stopped supporting them. She simply stopped paying for the mortgage and paying anything towards the child. I started dating my wife around that time and so I decided I would take over the sisters share of the mortgage rather than everyone get black listed because she wouldn't contribute anymore. We all disagreed with the sisters approach and so we fell out with her a bit as well. I can't entirely blame the sister for her actions as I have seen first hand how my mother in law uses the child to manipulate us all, thats why the sister wanted to completely wash her hands from it and not allow my mother in law to have any hooks to make her do stuff. As said, this is not how we want to deal with the matter. We do want to help the child out as she is family and we love her. We do also love and care for my mother in law but we simply cannot take this fighting anymore.

Expert:  Clare replied 1 year ago.
Hi
There is a way that you could force the sale - would this be of interest to you?
Claire
Customer: replied 1 year ago.

I'd like to know about that option but we may not end up taking it. We want to know as many options as possible to find the best solution for everyone. Forcing it is an option but only if she doesn't accept every other option that is better for her.


 

Expert:  Clare replied 1 year ago.
Hi
So at the moment you have suggested that she remains in the property with the child and takes in lodgers so that she can cover the mortgage is that correct?
Claire
Customer: replied 1 year ago.

No, that was a very bad idea as how and when will my wife and I ever be able to get another mortgage again for ourselves. We will never be able to buy that way. We also been looking into renting but then if our bank finds out that we are not living in the house anymore and renting it out without converting to a buy to let could get us into a lot of trouble.


 


So now after spending the weekend discussing this with my wifes brother they have decided they will buy our house but we need to make sure the mother in law moves out. We have lost the sale to the other buyers which complicates matters now and because of the difficulty in getting the mother to leave we think its to difficult to put the house back on the market but easier if the brother buys it.


 


We now want to know what is the legal process if she does not vacate the property before they move in. We are going to ask her to move out by no later than the end of October, we will cover the childs share of the rent for a 2 bedroom and we will give her £35,000 to buy out her share of the property immediately before the sale completes to the broether so she can be happy to vacate as soon as possible. £35,000 should be fair as this is exactly what she would have rceieved had we sold the house to the other buyers.


 

Expert:  Clare replied 1 year ago.
Hi
I am very glad that you have realised the risks of leaving her in the house.
Looking at the Declaration of Trust what does it say about what notice should be given to her and how?
Claire
Customer: replied 1 year ago.

The declaration didn't mention anything on notice. All that was specified was that she would get 25% of the equity.

Expert:  Clare replied 1 year ago.
Hi
Did it also give her the right to live there - do you have a copy in front of you?
Claire
Customer: replied 1 year ago.

Yes I have a copy. There is no mention of right to live there.

Expert:  Clare replied 1 year ago.
HI
If that is the case then she actually has no legal right to remain in the property without your agreement
This being the case all you need to do is give her Reasonable Written notice to leave (at least two months) and at the end of that time you can simply change the locks and exclude her
I know that this is not what you wish to do and I would suggest that you ensure that she has a new rented home before the two months are up so that she has somewhere to go - but you need to make it very clear that at the end of the two months she will no longer have access to the current property
I hope that this helps
Claire
Customer: replied 1 year ago.

Is an email enough to send her or is some kind of official eviction notice required to be given to her?

 

 

Something else I need to mention after thinking more about your questions. You asked me once if she owned a property before this one. I said no but actually there is more to this story. I appologise as there is so much to the history of this story that I cannot go into all of it.

 

The more detailed story is that originally my wife, her brother her sister and my mother in law orginally bought this house together as a 4 way mortgage. After the mother fell out with the sister and I came along we decided that I would buy out the sisters share which was one quarter. At the time banks were making it dificult for us to process a 4 way mortgage. So in an attempt to simplify things we put the mortage into my wifes and I name. Thats why we ended up drawing up a trust agreement so she would still get a quarter of the equity.

 

So one could say she did own a property before, this one! Does that change matters?

 

Expert:  Clare replied 1 year ago.
Hi
Yes this could change matters.
When was this?
Claire
Customer: replied 1 year ago.

Last July (2012)

Expert:  Clare replied 1 year ago.
Hi
Then yes that does change matters considerably.
You can still try the first method (an email will not be good enough) but there is a chance that she will counter claim for the right to remain in the property
In view of that you will need to make a formal application to the courts under the Trusts of Sale and Appointment of Trustees Act for an order that your mother in law agrees to vacate the property and that the property should be sold
Claire
Customer: replied 1 year ago.

Hi


 


Thanks for all your help. much appreciated. I just want to clarify your response.


 


Are you saying that we could still try going through the process where if need be we end up serving her in writing that we request her to vacate the property by a certain date (2 months notice) and that she will no longer have access to the property after that date. Then if she does not vacate by that date we change the locks. After changing the locks if she wishes to re-enter the house she will have to take us to court where a judge will then decide if the property should be sold?


 


Our next plan of action is the following, does it sound ok:


 


* We have sent her an email now explaining that renting the house while Nmy wife and I no longer live there and do not intend telling the bank is illegal and has to much risk and not an option anymore. We have also asked her if she would please move out again and rent by no later than the end of October.


* If she comes back and agrees thats great but we will monitor that she finds a place soon. If she disagrees and refuses to leave then we intend to formally give her an eviction notice.


* If she does not vacate by end of October my wife and I will rent out a place but will then seek to take legal action to remove her. My wife and I cannot aford to be living there around that period as my wife is pregnant and due to have a home birth in November so its very important to be in an environment that does not make her clam up and not be able to give birth succcessfully and require the need to go to hospital for a c-section.





Its also imprtant to know if its possible that a court could force us that we could not sell. if 3 out the 4 people agree it should be sold and the mortgage is on me and my wifes name, how can a court rule against us? Would a court really rule that we should subject our lives to eternal hell with no options out considering we are offering her a lump some of money and further financial support after? There must be a full proof legal process that can be followed here that will result in allowing us to move out. If the court rules against us then I fear that that we may be forced to move out and simply allow our mortgage to default and leave the problem to the banks. Sure this will ruin our credit rating but trust me when I say the hell of living with bad credit is better than the hell we are living in now.


 

Expert:  Clare replied 1 year ago.
Hi
Yes you can still try it - but it is risky
If you go the court route there will indeed be an Order for Sale so please do not worry about that
Claire
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 28585
Experience: 25 years exeperience
Clare and 5 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience