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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11136
Experience:  30 years as a practising solicitor.
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When our mother died in September 1984, the family flat (mortgage

Resolved Question:

When our mother died in September 1984, the family flat (mortgage free) was put in the joint names of myself and my elder brother, Ian. From that time up to the current date I have been the sole occupier i.e. I have solely been responsible for the maintenance and payment of all household bills for a period of 31 years+. My brother has never resided nor contributed financially to the flat during this period. Ian's only current income is the state pension- he was a teacher in private schools overseas but never made provision for an occupational pension. Ian has approached me recently for a financial settlement for his share of the flat. He has asked for a payment based upon half the current market value of the flat which is located in Glasgow. Ian's wish was for an amicable settlement to this situation. Whilst I would like to concur with his wishes, I consider his request for a half share of of the family flat based upon half the current market value to be unfair and unreasonable given that I have been sole occupier of the flat for the past 31 years.
Your comments would be appreciated.
Alan Macartney
PS. I am prepared to make a payment to him but this would not be based upon his request as mentioned above
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
On the face of it, Ian is entitled to his half share of value less half the cost of any maintenance reasonably carried out to the property over the last five years. Any maintenance costs prior to this time are time barred and you can't claim for them. Nor can you claim for household bills such as gas, electricity, telephone or council tax which are personal to the user.
Ian may also have an argument to counter your own that whilst you have paid maintenance, you have also had the property as a home to live in over the period which he has not.
My opinion is that his request for a half share would be upheld by a court.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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