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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and 2 brothers have the house left by them by

Customer Question

Hi, my husband and 2 brothers have the house left by them by their mother, all 3 are named on the deeds. One of the brothers lives in the house and agreed verbally to buy the other 2's share from them. It has been 18 months and he has done nothing to sort out payment to the other 2 and he doesn't pay any rent. What is the legal position of the other 2 brothers can they force a house sale?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth?

Customer: replied 1 year ago.
about £180,000
Customer: replied 1 year ago.
I may have to go shortly, husband will be home soon, and he doesn't know I am looking into this. I will check my email for your answer later.
Expert:  Clare replied 1 year ago.

Your husband and his brother can in fact apply to the court for an order for the sale of the house - and for an order forcing their brother to leave if necessary

This is done using the Trusts of Land and Appointment of Trustees Act - and the details are here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 12 months ago.
Thank you for your reply. My husband has now relayed this to his brother. He now says he has a mortgage offer but can only get it as a remortgage and thus needs the others to register property to him to get this? Thus sounds dodgy to me? Why can he only get a remirtgage?
Expert:  Clare replied 11 months ago.

That is simply nonsense - if he can get it ias a "remortgage" he can get it as a mortgage