How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33505
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
13262538
Type Your Property Law Question Here...
Clare is online now

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: 2 years ago.
Category: Property Law
Expert:  Tax Expert replied 2 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 2 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 2 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 2 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 2 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 2 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 2 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 2 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 2 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: 33505
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.