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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I inherited a quarter share in the family home when my father

Resolved Question:

I inherited a quarter share in the family home when my father passed away 9 years ago , my mother who is 80 still lives in the house and owns a half share and my brother also owns a quarter share , they live in England and I live 400+ miles away in scotland . I got divorced in 2011 and was left with very little money and had to sell my home which had no equity for a loss, since 2010 I have been renting a very small property in which to live with my daughter( who is away at university) and working part time. I have realised that I need to get back on the property ladder before I get priced out so that myself and my daughter will have a permanent roof over our heads, in order to do this I have asked my mother and Brother if they could buy out my quarter share of the family home but they say they cannot afford to do this and my mother will not downsize . How can I go about realising the money tied up so that I can purchase a property.
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.

Could you please confirm the following-

I take it that your parents were holding the property as tenants in common (so they both owned a separate 50% share each) and that your Father left his 50% equally between you and your brother?

If so, it would be normal for your Father's Will to have included a provision that your Mother can remain living in the property for as long as she wishes. Do you know if his Will included such a provision?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hi Al

Thank you for your response, I do not know what was exactly in the terms of the will as it was all handled by the family solicitor , each of us have a copy of the land registry certificate to show that we all hold interest as tenants in common in the property . I am not sure if I will be able to find this information out without trying to contact the solicitor used.

I am not necessarily looking for the family home to be sold but merely wish to know whether I can sell my quarter share ( to an investor buyer if i can find someone who would be able to purchaser this without taking out a mortgage) without needing the permission of my mother and brother.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Sorry for the delay in replying.

You do need to get a copy of your Father's Will (you are entitled to see it to check what provisions it says concerning the property).

My guess is that, as is usual, there is a provision granting your Mother the right to remain living in the property and preventing any Sale until your Mother wishes to/moves into a nursing home/dies. If so, I'm afraid you will be prevented from selling your share until such an event happens.

If there is no provision, which would be strange, you would be free to sell your share- however, in practical terms, most investors wouldn't be interested in acquiring only a share in aproperty which is occupied. I think you would therefore find it very hard to sell.

I hope this assists and sets out the legal position.

Kind Regards

Al

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