To live in the property or to put locks on, no one has any more right than anyone else regardless of the percentage. A minor share owner has as much right as anyone else.
An occupier of the property is liable for the market rent to the other beneficiaries for everything other than the occupiers share.
I don’t why this has been going on for so long but the remedy is to get the house sold and if your brother and his girlfriend were not move out, then you need a court order to make them do so.
I would suggest that you get them to move out before the property is marketed because they are likely to be obstructive.
The rent they should have paid over the last nine years should be deducted from their share of the proceeds. So should the cost of any damage they have caused during their period of occupation
No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.
The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).
Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.
Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.
If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.
My advice is to get a solicitor to write threatening the application for an order for sale and to get the property sold.
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