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Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother has left a house between me and my brother. My

Customer Question

My mother has left a house between me and my brother. My brother would like to move in immediately, then pay me half when he sells his own house.
I'm concerned that we'll agree a price now and if the market falls, he will want to change his mind and I'm stuck because he'll already be in the house.
The house has benefited from European grant work. Will there be any repayment involved?
Can we make any sort of legal agreement for clarity?
The relationship is not great as previously my brother has had a property we inherited jointly undervalued and bought me out.
I would like advice on how to approach this. Thank you.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months 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

Which part of the Uk are you in?

Customer: replied 10 months ago.
Expert:  Clare replied 10 months ago.

How much is the house worth and when was the Grant made?

Customer: replied 10 months ago.
The house value is Between £62k and £68k but I've yet to have a professional valuation.There was no actual financial grant but exterior home improvements (part of a European scheme in BRIDGEND CBC) were completed around 18 months ago. Due to my mother's financial status, she was not required to contribute the 10% of the cost unlike her neighbours. If you require exact details, please let me know.Thank you
Expert:  Clare replied 10 months ago.

Is there any reason why you r brother cannot raise a loan/mortgage to cover this sum?

Customer: replied 10 months ago.
I don't really know his financial situation but think he has a small mortgage on his own property and he has been unemployed for several years. He has stated that if he is unable to sell his house within an agreed timeframe then he will somehow find the money to give me half of mums house. Personally I can't see how he could do this but if he somehow has the money already it would be easier to sort it out now. For some reason he is quite keen to move into our mothers house and then he can get his own house ready for sale but I can see problems further down the line should he be unable to sell his house.
Expert:  Clare replied 10 months ago.

I think you are right to be concerned - especially if this has happened before.

Having said that if you are not willing to actually say no, then I would suggest that you tell hime that you want him to pay rent (50% of the market rate) until he purchases your share of the property and to have a signed agreement guaranteeing you a set amount by a set time failing which the property will be sold - and interest on the amount for every day after that point

Once that date has passed you will always be able to force a sale - even if he is living there - but I believe you need the financial penalties in place as well

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
Thank you for your advice. I will share this information with my wife tonight and should there be any further questions I will be in contact if that is ok. Regards Andrew
Expert:  Clare replied 10 months ago.

The best option would be to simply say no!

Customer: replied 10 months ago.
I think you're right and he may then decide to buy me out sooner should he have the finance available
Expert:  Clare replied 10 months ago.

Let us hope so!

Clare and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Clare
Just one last question if you don't mind. What if my brother insists that he is going to move in despite me saying no?
Expert:  Clare replied 10 months ago.

Is he one of the Executors?

Customer: replied 10 months ago.
we both are
Expert:  Clare replied 10 months ago.

Then if he moves in you can write and remind him that he will have to pay rent - and that he is personally liable to you for any losses you incur - and any costs you incur to force a sale

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