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Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please confirm the following-
I take it that your parents were holding the property as tenants in common (so they both owned a separate 50% share each) and that your Father left his 50% equally between you and your brother?
If so, it would be normal for your Father's Will to have included a provision that your Mother can remain living in the property for as long as she wishes. Do you know if his Will included such a provision?
I look forward to hearing from you.
Thank you for your response, I do not know what was exactly in the terms of the will as it was all handled by the family solicitor , each of us have a copy of the land registry certificate to show that we all hold interest as tenants in common in the property . I am not sure if I will be able to find this information out without trying to contact the solicitor used.
I am not necessarily looking for the family home to be sold but merely wish to know whether I can sell my quarter share ( to an investor buyer if i can find someone who would be able to purchaser this without taking out a mortgage) without needing the permission of my mother and brother.
Sorry for the delay in replying.
You do need to get a copy of your Father's Will (you are entitled to see it to check what provisions it says concerning the property).
My guess is that, as is usual, there is a provision granting your Mother the right to remain living in the property and preventing any Sale until your Mother wishes to/moves into a nursing home/dies. If so, I'm afraid you will be prevented from selling your share until such an event happens.
If there is no provision, which would be strange, you would be free to sell your share- however, in practical terms, most investors wouldn't be interested in acquiring only a share in aproperty which is occupied. I think you would therefore find it very hard to sell.
I hope this assists and sets out the legal position.