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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have lived in the same house for over 13 years with my family.

Resolved Question:

I have lived in the same house for over 13 years with my family. The house belonged to my Step-father (died over 6 years ago) and my Mother who passed away earlier this year! The house has been left to myself and my brother in 60/40 shares I was already gifted 35% of the house last year. I live here with my husband and 9 year old daughter. Can my brother force me to sell in order for him to receive his 40% of the property? I am not in a position to buy him out or take out a mortgage! Please advise
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
HI
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
May I ask why you and your husband cannot raise a mortgage
Clare
Customer: replied 2 years ago.
I do not work and my husband is self employed, we would not be able to raise the amount needed and my husband would hate to have a mortgage start in our mid forties
Expert:  Clare replied 2 years ago.
Hi
How much is the property worth?
Clare
Customer: replied 2 years ago.
When valued for probate it was valued at £975,000 by a surveyor
Expert:  Clare replied 2 years ago.
Hi
Then I am sorry but yes if you are not able to buy out his share of the property your brother will indeed be able to apply to the court for an Order for sale to release his equity - and the Order will be granted.
I am sorry to give such bad news - but I have to be honest about the situation that you face
Please ask if you need further details
Clare
Customer: replied 2 years ago.
So this is the case even though we have lived in the house for many years and we have a child of 9 in the property?
Expert:  Clare replied 2 years ago.
Hi
Yes I am afraid so
The fact that there is a child would only have been relevant if there was insufficient equity to rehouse you - and even then it would probably not have helped since the child is not his responsibility in any way
Clare
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