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: 33815
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 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
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33815
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and 3 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.