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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
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My father passed away and as he didn't make a will, it will

Resolved Question:

My father passed away and as he didn't make a will, it will go to probate. His house will therefore be left 50/50 to me & my brother. My brother has indicated an interest that he wants to buy my half of the house so that he can move in with his girlfriend. My questions are : Is it possible to set a time limit for him to pay me my share of the house? And if so, how long. Is he allowed to move into the house without my consent before he pays my share?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

You are both entitled to live in the property because it is currently vested in both of you under the terms of your father’s estate intestacy.

There is no definition what’s a reasonable period of time 2-3 months to get the finance together and not be unreasonable. If he doesn’t, then you need threatened to make an application to court for an order for sale under the Trusts of Land Appointment of Trustees. That threat coming from a solicitor will wake him up.

You could give a solicitors letter now in more subtle terms saying that you’re happy to sell him the property share provided he gets the finance in good time and he is in a position to exchange in 8 weeks time failing which, you suggest that the property is sold.

As regards ***** ***** in the property, he can live in the property indefinitely until such time as the property is sold or there is an injunction stopping him. Regarding the girlfriend, your brother can have any guests he likes in the house, (as can you) you can move into the property and every time your brother moves out, you can ask the girlfriend to leave and she should leave. When your brother comes back he can invite her back in!

Can I clarify anything for you?

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Best wishes.


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