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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1924
Experience:  Dual qualified Solicitor and Attorney
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I have a domestic and inheritance issue, London UK, are u a

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hello
JA: Hello. How can I help?
Customer: I have a domestic and inheritance issue
JA: Where are you? It matters because laws vary by location.
Customer: London UK
JA: What steps have you taken so far?
Customer: are u a robot?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, what would you like to know? Al

Customer: replied 13 days ago.
anyone there?
Customer: replied 13 days ago.
hello??

I'm here

Customer: replied 13 days ago.
so, my family and I live in a property which belonged to my father who died over a year ago. I have 1 brother. The will has split all assets between the 2 of us equally. I have lived at this property for 10 years
Customer: replied 13 days ago.
I have offered to buy the other half of the property from my brother but he keeps changing his mind about accepting. We keep fighting about it
Now, he is threatening to move his belongings into half the property. Is he allowed to do that?
Customer: replied 13 days ago.
Am I allowed to change locks? He also harrasses my children when he comes over. He has the keys to the porpety.
Customer: replied 13 days ago.
Probate has been granted but I have not yet signed my AS1 form
Customer: replied 13 days ago.
wow, what great service!!
Customer: replied 12 days ago.
When??

Hi thank you for your message, I can respond to your query. As the property has been passed to the both of you then he has equal rights to the house as you. If you cannot agree on whether or not you will buy him out, the house will need to be sold and the proceeds divided. In order to do that if he will not agree, you will need to go to court and obtain an order for sale, this will allow you to sell the property and divide the proceeds. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 12 days ago.
You misunderstood. I do not want to sell my half to him or anyone else. We have lived at the house for 10 years. He will not goto court but just to be awkward, he wants to move his belongings to some parts of the house? Can I change locks or obtain a restraining order? Do I have any rights having lived here for 10 years?

Hi thank you for your message, you do not have the right to change the locks to exclude him when as I understand it he jointly owns the house with you. I know you do not want to sell the house you want to buy him out but he doesn't have to agree he could decide he does not want to sell and he could put his stuff in the property and move in and do what he wants to the property because he jointly owns it same as you. There is nothing you could do about this except sell the house, I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 12 days ago.
Do I not have any rights given that I have lived at the house for 10 years and it is our registered address?

Hi thank you for your message, unfortunately not for example you can change the locks but then he can change them too. The difficulty is the property is jointly owned. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 12 days ago.
Hhmmm it's about enforcement. What can he do if I change locks?
Customer: replied 12 days ago.
Also, if he starts shouting in front of my children, presumably I can call the police??

Hi thank you for your message, well he can't enforce against you because you have a right to change the locks as a joint owner. Similarly, he could however, just change the locks. If he starts shouting in front of the kids you can call the police yes. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1924
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and 2 other Law Specialists are ready to help you
Customer: replied 12 days ago.
OK what my having to pay rent to him for half the house? Can he enforce that??

Hi thank you for your message, he can try to argue for something called occupation rent but I have not heard of this being enforced by courts in recent history.

Customer: replied 12 days ago.
If he moves his belongings into the property and I move them out again, say into the garden, what can he do?
Hi thank you for your message, well he could try and argue that it’s criminal damage If say it’s raining but ultimately this about you and your brother, you need to come to an agreement. Any kind of action on your part to antagonise the situation will not help.
Customer: replied 12 days ago.
Believe me, I've tried. Even as recent as yesterday we came to yet another agreement, and then he again, changes his requirements. Is there a way I can force him to sell at a price which he agreed to, before changing the terms??

Hi thank you for your message, you cannot force him to sell at a price agreed to no, without a contract. If you can get him to sign a formal agreement saying that his share can be purchased at a set price then that would be fine then you could look to enforce that as breach of contract if he then does not sell.