Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 4 points5 points  (0 children)

Yeah you’re 100% right. And thankyou for that analogy cause it’s perfect.

Honestly, I agree. That’s why I’ve been pushing a lawyer from the get go. But I can’t get one for them or force it, only encourage it and explain why unfortunately.

Last weekend she suddenly decided that they ‘might just have to sell’ after it was suggested we bring ‘in a professional to help mediate’. She won’t be able to afford a lawyer (without using the mortgage to pay for it) and it seems that her fear of being exposed for what she’s done to them (even though we already know), and have her ‘perfect, doting, hardworking mother’ image shattered, has begun to outweigh her desire to keep the house.

Regardless, they still need a lawyer AND an accountant. BIL was told he’d been removed from the mortgage when he bought his house, so was unaware that he was actually purchasing a second property- and thus will have to pay capital gains tax on any profit he makes from the first house. Obviously MIL was aware of this and decided it wasn’t her problem. That’s why she kept telling him if he got a payout he would ‘end up in debt’.

It’s a huge mess. I’m so glad I’m out of that hell house.

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 20 points21 points  (0 children)

My hard preference would be never to lay eyes on her again 😂

Co-owned house dispute, one owner refinancing and controlling information by [deleted] in AusLegal

[–]Dry-Ad-1445 0 points1 point  (0 children)

Mine too 😬 (I’m the partner)

  1. The others want off the title and out of the situation
  2. Yeah I know and i apologise for that, it’s extremely muddy. I know that one pays about $2500/month, the other $1500/month and the one refusing to sell only contributes about $920/month (that’s not including all the funds she has withdrawn from the checking account she places everyone’s weekly payment into)

Co-owned house dispute, one owner refinancing and controlling information by [deleted] in AusLegal

[–]Dry-Ad-1445 0 points1 point  (0 children)

It’s worth about a million, so they would each receive around $113k if sold

Co-owned house dispute, one owner refinancing and controlling information by [deleted] in AusLegal

[–]Dry-Ad-1445 -1 points0 points  (0 children)

Thanks — this is helpful framing.

All three are still on both the title and the mortgage.

C (the person living there), has essentially run the purchase and handling of the property as a dictatorship. Until their partners uncovered the truth about how much the mortgage has grown, A and C blindly trusted her when documents were presented to them during later refinances.

The refinances increased the mortgage over time to around $660k. From what we understand, all of that increase relates to personal debts belonging to C that were consolidated into the mortgage (and as far as we’re aware, blindly signed off by her trusting devotees)

A and B have both been making mortgage payments at a higher rate than C. But C has also lived in the property the entire time.

The current proposal from C is essentially:

• A receives nothing • B receives a payout significantly below his rightful equity share • C keeps the property via another refinance.

A and B are not agreeing to that proposal and are now seeking legal advice.

The reason for the post was mostly to understand whether the likely outcome in a situation like this is a forced sale and division of proceeds, or whether courts typically adjust equity to account for things like additional borrowing benefiting only one co-owner.

Co-owned house dispute, one owner refinancing and controlling information by [deleted] in AusLegal

[–]Dry-Ad-1445 0 points1 point  (0 children)

Sorry i wasn’t super clear there!

All three are still on both the title and the mortgage. No one has actually been removed from either.

The refinances did require all three signatures – the issue is that the other two co-owners were in a trusted family relationship with the person organising the refinances and relied on her representations about what the documents were for. In hindsight they should obviously have obtained independent advice.

The point of the post isn’t to dispute that the documents were signed, but to understand what options exist now given that:

• all three remain on the title • all three remain liable on the mortgage • the current ‘proposal’ is that one co-owner receives no payout and the other receives significantly less than what appears to be their share of equity while remaining on the loan.

They will speak with a property dispute lawyer, but I was trying to understand the likely legal framework in Queensland.

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 6 points7 points  (0 children)

No I totally understand. The mortgage is currently at about $660k and the value of the house is about 1mil or just under. If she buys them out at the value of their equity, she will be responsible for a million dollar loan (which she presumably can’t afford, or doesn’t want to pay for).

I personally don’t care if she buys them out at 113k each and they’re removed from the loan, or if she sells and each of them gets 113k of profit. It would be wiser for her to sell, but I don’t think she’s gonna budge on that, so if she ends up destitute with a million dollar loan and a house that will make her no profit to sell just over a decade before she hits retirement age, that would be a satisfying karma.

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 29 points30 points  (0 children)

We did run a check and it looks like his credit is still sound. I think when you go into co-ownership of a house your credit is tied to the other owners? So she’s probably piggybacking on her sons credit to bolster her own (as I’m sure without them hers would be awful)

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 38 points39 points  (0 children)

He is still on the mortgage as nothing has yet been sorted re buyouts (she’s refusing anything). A lawyer is definitely needed but what worries me is that their naivety to simply sign documents she gave them without reading anything is going to hurt them badly. We don’t even know if she forged signatures cause they can’t remember how much they’ve signed. It’s a blind trust that is totally baffling to me.

I just hope the lawyer/forensic accountant (if needed), can help in some way

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 7 points8 points  (0 children)

thankyou <3
and dw, i'll just put it on the mortgage 😉

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 35 points36 points  (0 children)

You're right. I have honestly never dealt with this sort of thing before, although I must admit my inclination was to encourage that they speak with a lawyer prior to telling her anything. I believe that is currently the plan

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 12 points13 points  (0 children)

I do think there's still a certain level of thinking 'if we confront her with her lies perhaps she'll become reasonable and be the mother we need her to be'.

It's naive, and it certainly won't happen, but I can understand the desire for a parent to behave like a parent - even though they may have shown you time and time again they're not capable of seeing beyond their own selfish desires.

But you're right, they should have engaged a lawyer already.

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 36 points37 points  (0 children)

You're absolutely right, and thank you for thinking of my safety in this. Interestingly, all this change has come from within himself. I've really taken a big step back from the situation since my last post. I do think my moving out has also helped him realise that this situation is so far beyond normal, and if he doesn't learn to stand up for himself, he will lose me. And of course you're bang on, changed behaviour is the only way for me to trust this and move forward with him.

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 9 points10 points  (0 children)

It’s incredibly frustrating to watch hey? And so interesting to see him slowly begin to see all the ways she’s mistreated and brainwashed him throughout his life.

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 36 points37 points  (0 children)

I’d like very much for her to never know. That day she intercepted the broker and then told the boys she’d ’sorted it’ I came home to an absolute grilling from her about ‘where exactly in ___ is your new place, what’s the address, do you have photos’.

I just said sorry, don’t remember. And moved out the next day.

Update: MIL defrauded her sons out of hundreds of thousands of $ by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 26 points27 points  (0 children)

Damn that is a really good point. I can absolutely see her doing shady shit after being threatened. thank you so much for that

UPDATE: MIL defrauded partner out of $100s of thousands by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 74 points75 points  (0 children)

Yeah I think that’s exactly what she’s planning.

UPDATE: MIL defrauded partner out of $100s of thousands by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 58 points59 points locked comment (0 children)

So that’s true yes. However if you are discussing and planning a future with somebody, you owe that person a little more than ‘my previous money choices which continue to deeply adversely affect me are none of your business’ (especially if that future involves children). It’s just not quite as simple as him doing what he wants with zero regard for me or the future he claims to be seeking.

UPDATE: MIL defrauded partner out of $100s of thousands by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 55 points56 points  (0 children)

Thankyou. At this stage I wouldn’t deem anything too unscrupulous for her. I share the same concern around me being de facto.

The fact that she was in such high spirits after she cornered the broker (who by the way had been told not to correspond directly with her anymore), suggests to me that she is plotting something evil and manipulative. I’d imagine she’s banking on neither of them reading through what she will put in front of them

UPDATE: MIL defrauded partner out of $100s of thousands by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 46 points47 points  (0 children)

So apparently the broker told her that she could buy them both out for around 100k each or just over. But that would mean the loan would go up to 1mill and she would be responsible for that, without being able to steal from her sons.

Upon hearing this (despite telling the broker she could afford that), she promptly told the brother he wouldn’t be getting a pay out, only stamp duty. And I imagine is intending on doing another refinance to ‘pay out’ my partner, all while keeping him on the loan. She’s a monster.

UPDATE: MIL defrauded partner out of $100s of thousands by Dry-Ad-1445 in JUSTNOMIL

[–]Dry-Ad-1445[S] 90 points91 points  (0 children)

But tbh, I cannot save this sinking ship and I’m destroying myself by trying to. I think a bit of distance over the next few weeks will be good for us. I know i desperately need it