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 Q on in-laws situation (Updates), Updated.

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SUSBillCollector
post Oct 27 2019, 08:52 PM, updated 6y ago

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Some updates to this :-

1.) FIL made a slight recovery. He can move both hands but remains bedridden. Also seem more communicative but in a foul mood most of the time. He is refusing to do any PT but MIL brings him for TCM treatments. He only keeps calling me "vulture" and nothing else the times I saw him.

2.) FIL communicated to the MIL he doesn't want to die in a nursing home and would rather die at home. MIL tried to bring him home to our house but hit a dead end, instead she moved out of our house and rented a 1-storey terrace house near Tg Malim to be close to one of her sisters and checked him out of the nursing home, she did this without consulting anyone which drew the ire of both her daughters and also the 3 stooges of Team B.

3.) FIL's company that owns the piece of land is being liquidated. Plenty of unpaid creditors including IRB and the land office as well as local council. His 2nd brother is taking care of it and currently at a dead end as someone needs to cough up RM400,000 before the land could transfer, thankfully his brother has taken charge of the company and dealing with the creditors. The land remains part chicken farm, part lorry parking and a small part being used to plant chilli.

4.) SIL has decided she won't be forgiving her father, she decided that much of her life is fucked up because of his bad choices and decisions, she is still somewhat bitter she did not get to be educated overseas because the father squandered all the family wealth. She is also upset that she was made to work for free and essentially wasted much of her prime years doing stuff for the old man and not being paid for it. She isn't on talking terms with her mother either, something to do with her now having a Chindian bf, she does have a thing for mixed race men, he is a nice guy does treat her well but her mother doesn't like him due to race and religion issues. She told the mother she didn't want a share in her condo and to sell it off as she no longer wanted anything that came from her father. She still works for me and mostly lives on site as she feels most safe and secure there.

5.) MIL and wife are also no longer on talking terms. Mainly due to (2.) and some monetary dispute. MIL told wife reason she does not want the father back in our house is because he is a poor man and nothing to leave behind for her, wife told MIL she didn't need or want anything from them as her husband provides her with everything she needs or wants and regrets the years she tried to help them as it proved to be a waste of time and good money. Wife then told MIL to manage her own condo and to stop relying on me to do stuff for her unless she wanted to pay and even if I did not ask for any payment she still needed to pay. The final reason that caused the cold war is MIL found out wife is carrying a boy and a girl, wife told her mother both of them will be named the same way as our son, her mother requested that the boy follow her family name so the father can have his wish come true. Wife told her mother to forget it as it wasn't happening.

6.) Team B was given the option to buy up the house they were living in for RM550,000 well below market value on an as is where is basis, they agreed then they changed their as they believe their father doesn't have a will. They will be disappointed as their father does have a will and everything goes to my MIL. The house remains empty and locked up. None of them have visited the old man either at the nursing home or at his new abode. MIL did tell me before the start of the cold war that she will sell it as it will cost too much money to upkeep.

7.) The girl in Team C was given the option to buy up the condo for RM310,000 and her stepfather counter-offered RM250,000 for it which was accepted on the basis that it would be in her name only. They paid cash for it. She decided she will see her biological father and saw him once at the nursing home then decided never to see him again, when I asked why she simply said she only had bad vibes from him and preferred to not know who he is and said she did not want to have anything further to do with him. Money was given to MIL who is using it to take care of FIL. MIL did repay every single sen to the old lady from Team B and did say she'd like to see the old man but he is too far away and none of her children are willing to take her.

8.) Wife decided she will forgive her father and move on from the incidences that happened over the last 12 years because of him. She went to visit him before he was moved out of the nursing home unfortunately he did not want to see her and she left because he started losing his head. She hasn't gone back again as the pregnancy is starting to wear her down and she doesn't want to do any far away trips. Myself, I've long decided to forgive and forget, also during the last 12 years though for the most part he was an asshole with a profiligacy problem he did help me along the way, he introduced several contacts and sent some businesses my way, many of which I earned fairly good money off, then he also introduced me to several politicians and civil servants that proved to be very profitable and finally he also introduced me to one circle of new friends who ganged up to speculate on property as well as stocks, these are people that were influential enough that before a project was launched they could go select all the nice units or the entire block if that was what we wanted. Oh those contacts lead me to a very unusual addiction and obsession, which was money and making more money. However the more money I made the less willing I became to share it, in the beginning when I made RM10,000 from one of his contacts I'd take RM4,000 to save it and give the wife RM6,000 and would tell her to give some to her parents, I would even tell her if I knew they were a bit tight to give them everything as next month more money will come to us. However when my share of the profits started reaching RM50-100,000 I started finding it difficult to part with RM1,000 and stopped telling the wife how much I made off those deals, till today am quite surprised despite how much money in my bank accounts we were having couple fights over money at that time. I guess in hindsight I should be thankful to all of them and their money troubles, I was about to do one of my largest ever speculative purchase, I was going to go all in with that group to do a syndicated purchase of an entire block, wife said she knew how much money I been making off her father's contacts and it was time to pay tribute by rescuing their house, she made it very clear either buy up that house or if they lose it she was bringing both her parents to live in our house. In the end I bought up their house and it meant not being able to go through with the syndicated whole block purchase, that whole exercise proved to be a blessing in disguise because when the project had a VP auction units were showing up cheaper than the launching price and you could now fetch one up to 1/3 off the launch price, I'd be in deep shit now had I gone ahead. I guess in a way I should be thankful he created all the wars over the last 12 years especially the major war this time last year as without that war my wife and me won't be together today and our eldest probably won't be studying at the school she is today.

9.) Wife and SIL are on good terms. They both decided to bury the hatchet and move on from the past. They both decided to get their mother to manage the condo herself as they didn't want to have anything to do with it, told her if she can't manage it then to sell it off.

10.) MIL and me are not talking to each other. MIL disagreed that she needed wife's permission to speak to me and said I shouldn't have spoilt her till she is the way she is now. She views it that I'm only on wife's side and won't listen to any other side. Oh well, I told her I don't want to be like her husband and I am in a position where I need to act in her best interests first.

This post has been edited by BillCollector: Jan 23 2020, 02:15 AM
loki
post Oct 27 2019, 08:56 PM

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boss, i thought you also had a problem with your other half? why not do a double divorce?
SUSBillCollector
post Oct 27 2019, 09:02 PM

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QUOTE(loki @ Oct 27 2019, 08:56 PM)
boss, i thought you also had a problem with your other half? why not do a double divorce?
*
Better these days, no plans to leave her anytime soon.
Mikeshashimi
post Oct 27 2019, 09:10 PM

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QUOTE(BillCollector @ Oct 27 2019, 08:52 PM)
OK.... am trying to get an idea on this situation.

Basically my MIL wants a divorce and she has made up her mind that it is what she wants to do as she finds her husband becoming more and more unreasonable. I told my wife we should adopt a non-intervention, non-intermeddling and strict neutrality policy which she understands but somewhat disagrees.

Her husband used to be a very wealthy man but is essentially broke right now through his own doing.

During their better times they bought a condo for RM550,000 and today it is worth around RM1,100,000 thereabouts though in this market she'd be lucky to get RM900,000 for it considering the condition. He paid the entire price for it and on the title it only has her name on it. They are now living in that condo as it is their last property.

She wants to sell the condo to her 2 daughters for RM600,000 and upon the disbursement she would park that RM600,000 into a joint account in both their names.

After the divorce they are to return that RM600,000 to her less any expenses and her plan is she will put 1/3 the money into the mortgage upfront then will pay them RM700 per month as "rental" or she will buy it back from them for RM600,000 and all fees borne by her.

Daughter 1 aka Mrs BillCollector : No income and "leaches off" her darling husband not that he minds. 
Daughter 2 : Earns RM4,000 nett per month. RM0 in commitments. Only thing is she has only been working for 7 months in a job that pays her KWSP and issues a payslip.

Therefore am guessing most likely I will need to sign as a guarantor as the loan will be repaid jointly by the 2 sisters.

Any idea if this type of arrangements are legal? Any implications? Sounds fraudulent to me.
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Just take note that just because ONLY her name is on the title doesn't mean the Husband cannot protest/stop the "sale" to her two daughters (assuming your SILs).

It's quite unclear, but I assume that your MIL wants to sell the condo so that she does not need to split with her husband, at least, she THINKS that would work, am I correct?

john123x
post Oct 27 2019, 09:21 PM

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QUOTE
After the divorce they are to return that RM600,000 to her less any expenses and her plan is she will put 1/3 the money into the mortgage upfront then 


this part is fishy. why dont the daughters only gives her 400k, and the balance 200k into the mortage directly.

QUOTE
will pay them RM700 per month as "rental" or she will buy it back from them for RM600,000 and all fees borne by her.


sell for 600k and then buy back for 600k. any point for this? its just waste of fees

This post has been edited by john123x: Oct 27 2019, 09:23 PM
SUSBillCollector
post Oct 28 2019, 01:44 AM

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QUOTE(Mikeshashimi @ Oct 27 2019, 09:10 PM)
Just take note that just because ONLY her name is on the title doesn't mean the Husband cannot protest/stop the "sale" to her two daughters (assuming your SILs).

It's quite unclear, but I assume that your MIL wants to sell the condo so that she does not need to split with her husband, at least, she THINKS that would work, am I correct?
*
Your assumption is correct.

However she said her plan is she wants to sell the condo first and only upon completion of the transfer she would start filing for divorce.

QUOTE(john123x @ Oct 27 2019, 09:21 PM)
this part is fishy. why dont the daughters only gives her 400k, and the balance 200k into the mortage directly.
sell for 600k and then buy back for 600k. any point for this? its just waste of fees
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I explained it above.

She hasn't really made up her mind what she would do after the divorce.

She will only give the RM200,000 if she decides to live in the condo, she has not decided if she would.

The associated fees will still be cheaper than losing part of the condo to her husband and then needing to buy it back from him at full market value.

Mikeshashimi
post Oct 28 2019, 02:01 AM

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QUOTE(BillCollector @ Oct 28 2019, 01:44 AM)
Your assumption is correct.

However she said her plan is she wants to sell the condo first and only upon completion of the transfer she would start filing for divorce.
I explained it above.

She hasn't really made up her mind what she would do after the divorce.

She will only give the RM200,000 if she decides to live in the condo, she has not decided if she would.

The associated fees will still be cheaper than losing part of the condo to her husband and then needing to buy it back from him at full market value.
*
Not illegal per se. But your MIL's husband may have a claim for equitable interest/ownership.
NightHeart
post Oct 28 2019, 01:58 PM

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Try double check; if the man can prove that he's been paying for the unit despite its titled is under the wife's name, can he undo the sale or claim back from whoever it's being sold?

In other words, rightful owner might be the one that's paying instead of the one with the title on it.
kingz113
post Oct 28 2019, 04:25 PM

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You are right to not get involved.

The whole plan reeks of deceit and any competent divorce lawyer would tear her plans to shred in a single petition. When the shit hits the fan, (and likely it will since its the husbands last remaining property so there is a certain motivation to protect it), just don't be anywhere near it.
Ginny88
post Oct 28 2019, 07:05 PM

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It's a deceitful plan by your MIL to screw her husband out of his 50% share of the condo in a divorce settlement. Don't be a party to it and advise your wife to distance herself from it. She will feel bad about helping to defraud her father and it will destroy her relationship with her father. Her father will be left homeless and penniless and is she ok with that? What has her father done to deserve it? If she helps her greedy mother strip her father of his last property she will have no peace of mind.


KennyKB
post Oct 28 2019, 08:35 PM

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What is the reason for the divorce? To kick him out of the condo even though he paid for it? What kind of woman treats her husband this way? Accept his largess in good times but kick him out when he is down? I can't believe TS is thinking of helping this evil woman who is out to destroy her husband when he has been so good to her by he putting a property he paid for in her name.

Don't do it TS and advise your wife not to do it. Karma will come knocking.


This post has been edited by KennyKB: Oct 28 2019, 08:36 PM
mini orchard
post Oct 28 2019, 09:12 PM

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QUOTE(KennyKB @ Oct 28 2019, 08:35 PM)
What is the reason for the divorce? To kick him out of the condo even though he paid for it? What kind of woman treats her husband this way? Accept his largess in good times but kick him out when he is down? I can't believe TS is thinking of helping this evil woman who is out to destroy her husband when he has been so good to her by he putting a property he paid for in her name.

Don't do it TS and advise your wife not to do it. Karma will come knocking.
*
Hope I am wrong ....

If the divorce is not over 'the other one' what other reason can make a woman to take this plan. I am sure no women is happy to share their husband. Is either me or that one.


SUSBillCollector
post Oct 28 2019, 10:29 PM

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QUOTE(Ginny88 @ Oct 28 2019, 07:05 PM)
It's a deceitful plan by your MIL to screw her husband out of his 50% share of the condo in a divorce settlement. Don't be a party to it and advise your wife to distance herself from it. She will feel bad about helping to defraud her father and it will destroy her relationship with her father. Her father will be left homeless and penniless and is she ok with that? What has her father done to deserve it? If she helps her greedy mother strip her father of his last property she will have no peace of mind.
*
She does not have a good relationship with the father anyway.

Difficult to knock any sense into her head over this.

QUOTE(KennyKB @ Oct 28 2019, 08:35 PM)
What is the reason for the divorce? To kick him out of the condo even though he paid for it? What kind of woman treats her husband this way? Accept his largess in good times but kick him out when he is down? I can't believe TS is thinking of helping this evil woman who is out to destroy her husband when he has been so good to her by he putting a property he paid for in her name.

Don't do it TS and advise your wife not to do it. Karma will come knocking.
*
I'm not on anyone's side.

QUOTE(mini orchard @ Oct 28 2019, 09:12 PM)
Hope I am wrong ....

If the divorce is not over 'the other one' what other reason can make a woman to take this plan. I am sure no women is happy to share their husband. Is either me or that one.
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I was hoping to avoid going into too much detail.

It goes along the lines of this, he has a 1st wife whom he has 3 daughters with. Then there is my MIL whom he has 2 daughters with and there is a mistress who he has a daughter with but never kept in touch or at least not that we know off. He did provide the 1st wife with a house (a 4 bedroom DSL) when they divorced. All of them live there together with the husband of the youngest daughter.

From my understanding the chronology of events are :-
-2 months ago youngest daughter with the 1st wife announced her pregnancy (3 months pregnant) and carrying a boy.

-She told the father her husband had agreed to allow the boy to use her family name.

-She told the father the house was in bad shape and no one had the cash to fix the house, supposedly needs RM200,000 worth of repairs. Also the husband had lost his job 7 months prior to the announcement and at 47 was finding it difficult to find another job therefore had resorted to doing Grab but only made enough to pay for the car and not much else. She asked him for RM100,000 as they had debts and the debts were causing her a lot of stress which in turn was causing her blood pressure to go up that might cause problems for the baby.

-FIL suggested to the MIL they should sell the condo. She told him no as she had decided the condo would go to her 2 daughters.

-FIL then suggested to the MIL she should put the youngest daughter's name on the title that way they could take a loan to using the SIL's name to renovate the condo (which incidentally is in bad shape also) and also to pay off some debts. MIL agreed in principle as she thought it was to the tune of RM100,000 or so.

-FIL approached my SIL, told her of his and her mother's plans but the loan amount was RM400,000 so she told her father she would ask her friend who deals with mortgages on this matter. He also told her about the pregnancy. She called me to seek advice as she also wants to buy a condo of her own. I told her no condo in Desa Parkcity was so old that it needed RM400,000 to fix let alone the one that they are living in.

-I told my wife (on the basis of "I tell you a secret okay but you must promise not to tell anyone else basis") about what my SIL told me. She and the sister weren't on talking terms at that time.

-Wife called up the mother, asked what's going on why are they loading the younger sister with RM400,000 in debts. She demanded to know what tricks they were up to and how were they planning to repay the RM400,000. The mother said she did not know and will look into the matter.

-MIL told her husband she didn't want to put only 1 daughters name on the title and said if want to do must put both and she did not want to ask them to borrow money for them.

-(Claimed) FIL been losing his head and constantly quarrelling with the MIL over the past month and threatened to slap her if she did not agree.

-MIL somehow checked her husband's phone and found the messages about his daughter asking him for RM300,000 and deduced the reason he wanted RM400,000 from the condo was for that reason.

-MIL then asked the 2 daughters for a meeting told them what was happening and her decision as well as their suggestions and yes I somehow got roped into the meeting laugh.gif
mini orchard
post Oct 28 2019, 10:49 PM

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With your permission, can I sell your story to TVB? ... But not sure how much can fetch with no ending part. Lol.




SUSlurkingaround
post Oct 28 2019, 11:28 PM

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QUOTE(BillCollector @ Oct 27 2019, 09:02 PM)
Better these days, no plans to leave her anytime soon.
*
.
That's good to hear. God bless you.
_______

To be fair, your FIL has half share of the condo = about RM400k, divorce or no divorce. If your MIL proceeds with the divorce and does not give him his half share, he can sue in court and put a caveat on the condo = cannot be mortgaged or sold until the court case is settled.

Since your FIL is bent on paying his youngest daughter from his 1st wife RM300k for the birth-name-right of her 5-month old foetus/baby-boy, the condo should be publicly sold and the proceeds divided equally between your FIL and MIL, divorce or no divorce. Your FIL and MIL should then decide where and how they will live after the sale of the condo, whether divorced or not divorced. Eg if not divorced, they can buy a RM200k apartment and live off the RM300k in FD.

IOW, best for you and your wife to not involve yourselves with your FIL's and MIL's financial and family problems. Both of you should not covet for such inheritance from them = more like inheriting their problems.
....... Remember, both your FIL and MIL are your enemies = you shuld hate your enemy, not love/help your enemy. Why help them financially by paying for the mortgage of their condo so that they can have lots of money to splurge around.? They may later turn around, trample on you and tear/bite you to pieces like wild dogs and pigs.
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P S - Your name is BillCollector, not BillPayer. smile.gif

P P S - Any proof that the foetus/baby is a boy.?

This post has been edited by lurkingaround: Oct 29 2019, 10:14 AM
mini orchard
post Oct 28 2019, 11:48 PM

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Wolf in sheep clothing appeared b4 my eyes. Not sure I am reading right.
SUSlurkingaround
post Oct 28 2019, 11:55 PM

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QUOTE(mini orchard @ Oct 28 2019, 10:49 PM)
With your permission, can I sell your story to TVB?  ... But  not sure how much can fetch with no ending part. Lol.
*
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That's quite greedy of you.

This post has been edited by lurkingaround: Oct 28 2019, 11:58 PM
mini orchard
post Oct 29 2019, 12:12 AM

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MIL take no action, nothing can be done.

1 slap to keep the house, why not? Else sleep on street when house kena lelong.

Ask your MIL if the house was a gift to her for marrying your FIL? Tell the court then if it goes that far.

Wedding ring FIL wants to take back, ok lor if that can helps.

This post has been edited by mini orchard: Oct 29 2019, 12:24 AM
mini orchard
post Oct 29 2019, 12:14 AM

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QUOTE(lurkingaround @ Oct 28 2019, 11:55 PM)
.
That's quite greedy of you.
*
Better than those wolf talking bible verses in sheep clothing lor.

At least I know where I stand.

This post has been edited by mini orchard: Oct 29 2019, 12:16 AM
SUSlurkingaround
post Oct 29 2019, 12:28 AM

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QUOTE(mini orchard @ Oct 29 2019, 12:12 AM)
MIL take no action, nothing can be done.

1 slap to keep the house, why not? Else sleep on street when house kena lelong.

Ask your MIL if the house was a gift to her for marrying your FIL? Tell the court then if it goes that far.

Wedding ring FIL wants to take back, ok lor if that can helps.
*
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QUOTE
COURT'S POWER TO DIVIDE MATRIMONIAL ASSETS

Section 76 of the Law Reform (Marriage and Divorce) Act 1976 ("Act") empowers the Malaysian court, when granting a decree of divorce or judicial separation, to order the division between the parties of any assets acquired during the marriage.

In this regard, a distinction is drawn between those assets acquired by the joint efforts of both husband and wife and those acquired by the sole effort of one spouse.

Division of jointly acquired assets

The principles governing jointly acquired assets are set out in sections 76(1) and 76(2) of the Act, where the court is directed to incline towards equality of division, having regard to:

    the extent of the contributions made by each party in money, property or work towards the acquiring of the assets;
    any debts owing by either party which were contracted for their joint benefit; and
    the needs of minor children, if any, of the marriage.

Division of assets acquired by the sole effort of one spouse

On the other hand, sections 76(3) and 76(4) deal with solely acquired assets and the factors to be taken into consideration are:

    the extent of the contributions made by the party who did not acquire the assets to the welfare of the family by looking after the home or by caring for the family; and
    the needs of the minor children, if any, of the marriage.

Subject to the above considerations, the court may divide the assets or the sale proceeds in such proportions as it thinks reasonable but in any case the acquirer shall get a greater proportion.

WHAT CONSTITUTES MATRIMONIAL ASSETS?

For parties who are getting a divorce or contemplating one, it is pertinent to know just what kind of property will be classified as matrimonial property and thus subjected to division upon divorce. The Act is silent on what constitutes matrimonial assets but from a study of case law, the following have been held to comprise matrimonial assets:

    The matrimonial home and everything put into it by either spouse to be used jointly and severally for the benefit of the family as a whole;
    All landed properties acquired during the marriage apart from the matrimonial home;
    Cars, cash in bank accounts, jewellery, shares in companies including the family business(es) and even club memberships if acquired during the marriage;
    Contributions made to the Employees' Provident Fund during the marriage;
    Insurance policies, gratuity payments, employment and retirement benefits accumulated during the marriage by either or both spouse(s);
    Assets owned by one party before the marriage, provided that such assets have been "substantially improved" by the other party during the marriage or by their joint efforts (section 76(5) of the Act);
    Gifts from one spouse to the other, especially gifts of substantive value.

http://www.mondaq.com/x/467070/divorce/Div...rimonial+Assets

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