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Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother and I jointly inherited my mother's estate in

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My brother and I jointly inherited my mother's estate in 2005.
This included a house and some money assets.
The house has been occupied solely by us since(we have lived here all our lives).
The money assets were used to pay the first instalments of inheritance tax.
Since this time we have both paid an equal share of the inheritance tax and utility bills.
The property is a five bedroom house which is above our needs.
I have approached my brother in regards ***** ***** and have received mixed responses, from yes to maybe to no. Recently he agreed to two estate agent valuations and also said he would go
through with a sale. After talking to a counsellor at the Community Mental Health Team this has changed to not wanting to sell.
I had hoped my brother and I could come to a sales agreement between us.
I then hoped I would be able to force a sale or be bought out of my 50% ownership, but now under the impression I have no grounds to do this.
Other factors that may be relevant.
My brother has had schizophrenia for 30 years but is fully able to function day to day(I do not think I could get power of attorney). He has had several relapses during this time the last being just over a year ago. The relapse included heavy alcohol consumption and included throwing bottles out of windows, spray graffitiing some internal areas of the house, shining a torch through my keyhole while intoxicated late at night etc. This all resulted in a brief period of involuntary sectioning and since then things have been much better.
Maintenance of the property is only approached or dealt with by me. This includes all gardening, liasing with neighbours etc. Maintenance conversations are cut short and difficult often with responses like 'the house will not fall down'. Some of the essential fixes are paid between us. I now feel uneasy asking for joint maintenance payments. I recently paid £37,000 for an internal and external makeover and did not ask for the payment to be shared. The house is still in need of attention and again believe the co-owner will not deem the work necessary.
I feel tied to the property,much of my life savings have been paid to maintenance and due to my brother's mental health I feel uneasy about any future relapses-the stress during these periods is immense. I can not make plans if I have no control over my share of ownership.
If there any legal routes I can take to force a sale.
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 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

What makes you think that you will not be able to force a sale?

Customer: replied 5 months ago.
Hi Clare
Only from a brief phone conversation from a solicitor who did not have full details and is now on A\L.
They implied we would both have to be in agreement.
Also my brother has received advice that if he does not wish to sell he is within his rights to not sell.
Lastly I got advice from the CAB some time ago(maybe this was without going to court).
Just to clarify there was no stipulation in the will on not being able to sell.
Expert:  Clare replied 5 months ago.

This is not the case.

As joint owners of a property you hold the land on a "trust for sale" and if you no longer wish to own the land then you can apply to the court for an Order for Sale which will be granted

The process is described here

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

Customer: replied 5 months ago.
Thank you for putting my mind at rest and the information provided.
I will start proceedings through a solicitor which may include an ADR offer.
Lots of timescale information on the web link.
Last questions that I did not find on the link.
If the court judgement is in favour of the property sale is this immediate?
Who is in control of the sale i.e. which estate agents and acceptance/declinations of offers?
Expert:  Clare replied 5 months ago.

Yes it is likely to ne an immediate Order - and you can ask for conduct of the sale

Customer: replied 5 months ago.
Thank you Clare
Expert:  Clare replied 5 months ago.

You are most welcome I hope all goes well

Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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