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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10817
Experience:  I have been practising for 30 years.
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My brothers and I are joint tenants of a property left by my

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My brothers and I are joint tenants of a property left by my mother.My brother is 12 years younger..I am now retired on a basic state pension with pension credit and find the upkeep of this property which still includes a very small remaining mortgage very difficult.My brother is working and never has. Any money for repairs or replacement of necessary items eg last week out of my scant savings I had to buy a new fire.Our relationship is completely toxic he has been really verbally abusive since our mother died.Also as I stated financially exploitative.On the last really big argument he threatened me and damaged my furniture....I called the police and he now has more reason to despise me.We have no communication ...He drinks heavily and ignores me when I speak to him.Recently he has taken to recording our conversations on a very expensive phone I gave him? much more do I have to tolerate

Hello for clarification - what is the outcome you would desire?

Customer: replied 5 months ago.
Obviously,not even a financial gain as I stand to lose the beautiful home I was born in.However, as my brother has made it clear that when I can no longer support myself here he will not be providing help.I would prefer to feel that I can live in peace and have no more to do with this despicable situation.I nursed our mother until the end of life,bought stair lifts with my pension etc while my brother did nothing to make our house comfortable.In fact he even claimed attendance allowance for my mother while working.

Thank you. When I asked what outcome you would desire, you didn’t actually answer the question. You say that you would stand to lose the beautiful home you were born in. Well you either remain in the house and struggle with the upkeep or it gets sold unless you can both agree to rent it out.

If he will not agree to sell then you apply to court for a Order for Sale under the Trust of Land Appointment of Trustees Act and the proceeds would then be split 50-50.

If he doesn’t agree to sell, it is 99% certain that based on these facts you would get the order and you would get costs awarded against him.

In respect of putting any appliances in the property, he doesn’t have to consent to those and nor does he have to consent to have them removed.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


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