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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have a 25% share of the property in which my brothers family

Resolved Question:

I have a 25% share of the property in which my brother's family and mother are presently living. My brother owns, or will eventually, the other 75%.
I know I cannot force a sale of this property as it is their sole residence (nor would I want to). However I would like to know if, for example, I can claim the right to a benefit such as rent from this ownership and how can I make sure this 25% becomes a meaningful inheriteable asset for my children at the time of my brother's death?
Submitted: 3 years ago.
Category: Property Law
Expert:  Tax Expert replied 3 years ago.
Hi

This questions relates to UK law rather than UK tax (as we just advise on how any rent you might be entitled to is treated !)
So I have requested that your question be placed in UK property law.

Thanks

Sam
Customer: replied 3 years ago.

Hi


I did assume that this question would be referred to a lawyer rather than a tax expert - do I need to do anything further to ensure I get a useful answer? It seems odd that it should have ended up being bounced off you - absolutely no disrespect intended, of course; and thank-you for taking the trouble to reply!


 


D

Expert:  Clare replied 3 years ago.
Hi
How did you come to own this share of the property and why do you think that you cannot force the sale?
Clare
Customer: replied 3 years ago.

My father and mother divided ownership and I inherited one half of my father's share when he died. My brother has always wanted to live in the property and so has sold his house and moved in there with my mother. They feel I should simply hand over my share, and have offered me nothing from the proceeds of the sale of his house - effectively leaving me disinherited, as he has no intention of at any stage offering me anything. My mother has colluded in this, and will leave him her entire share when she dies.

Expert:  Clare replied 3 years ago.
Hi
In your father's Will was there a restriction allowing your mother to remain in the property so long as she wishes to do so
Clare
Customer: replied 3 years ago.


I don't know - but that is certainly the basis on which we would interpret his/her wishes, so it might as well be so.

Expert:  Clare replied 3 years ago.
Hi
Then there is no action that you can take until your mother dies or moves out - at which point you can apply to the court for an order for the sale of the property if your brother is not willing at that point to buy your 25% share
Such an Order would be granted.
I am afraid that he does not have to pay rent in the mean time unless your late father's Will made provision for your mother to have to do so
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Many thanks, ***** ***** will certainly rate your help highly. My issue was simply that my brother has made it very clear that he intends to offer no recompense now or in the future for my share of the property, and (regretfully) I wanted to know if I could lever him into having to discuss the issue and offer at least something by way of a financial settlement. My mother's solicitor had informed her that no sale order could be made while the property was his sole residence. May I take it then that this will not be the case subsequent to my mother's death?

Expert:  Clare replied 3 years ago.
Hi
It is your mother's right to remain in the property (if it exists) that will prevent a sale - not whether or not your brother has anywhere else to live
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you

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