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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My brother and mother jointly own the family house (Ex Council

Resolved Question:

My brother and mother jointly own the family house (Ex Council property 50% share each). In my mothers will she has split her assets ncluding the her half of the house between my brother and myself. I do not live at the property. How will I ever inherit or receive any cash from the property if I only own a quarter share. Can I force my brother to sell or to buy me out after my mothers death? Or will I need to wait until he decides to sell the house then I will get my inheritance? Feelings are not good between myself and my brother as he thinks that he is entitled to the whole house as its his family home, but this is not my mothers intention or in the will.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Do you know if your Mother's Will includes a clause stipulating that the property should not be sold as long as your brother wishes to remain living there?

I look forward to hearing form you.

Al

Customer: replied 2 years ago.

There is not a clause in her actual Will, but they do have an agreement inplace, which was drawn up by Solicitor recently stipuating that my mother cannot sell the property after 3 years in the event of my brothers death so that his wife and family have a enough time to remain in the property until alternative arrangements are made, although my brothers share of the house will of course pass to his wife. Alternatively my sister in law cannot force my mother out of the house for the duration of her life time and for however long that she wishes to remain in the house. There is no agreement about what happens to the house if my mother dies and only that her goods and property are split between me and my bother 50:50.

Expert:  Aston Lawyer replied 2 years ago.

Hi Nina,

Thanks for your reply.

I am surprised that a suitable clause has not been put in your Mother's Will agreeing to no Sale, but so be it.

On this basis, if your Mother were to die first, you would inherit a one quarter share, and you and your brother would then be joint legal owners, as "Tenants in common". As such, either party can request a Sale at any time. If the otherparty does not agree, then a Court application can be made, requesting an Order for Sale. Provided there was no other written agreement in place stipulating that the property not be sold for a slong as your brother wanted to remain living there, the Court would normally make an Order for Sale.

Of course, Court can be very expensive and you would have to see it as the last resort, if an agreement could not be met with your brother in the future.

I hope this assists and set sout the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

Would it be prudent for my mother to amend her will saying that upon her death the property should be sold or that the other tenant should have the opportunity to buy the other tenant out ie my brother would need to buy me out? Whats happens if he can't afford to buy me out?

Expert:  Aston Lawyer replied 2 years ago.

Hi Nina,

It would be wise for your Mother to clarify in her Will exactly what she would like to happen- to avoid a family problem, so I agree with what you say.

If your Brother could not buy you out, the only option available to yuo would be to request a Sale and if he did not agree, you would have to take the matter to Court, which isn't of course ideal.

I hope this helps.

Kind Regards

Al

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