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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Brother forcing elderly mum to sell house

18 replies

missfeebs · 13/01/2017 23:46

I'm joint owner of the property with my mum.She hasn't lived here in over 8 years I pay the mortgage and the secured loan we took out for home improvements,she hasn't paid anything since she moved out and she took 5k of the money for herself.

My brother and I had a falling out and the very next day she phoned me to say she didn't want to speak or see me ever again and that she was putting the house up for sale.Can she do this without my permission? I can't afford to take out another mortgage because I am a carer for my disabled son.

OP posts:

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prh47bridge · 14/01/2017 00:14

If you jointly own the property she can't sell it without your consent. If she wants to force a sale she would have to take the matter to court.

5OBalesofHay · 14/01/2017 00:21

How is your brother forcing your elderly mum to sell house?

BurningBridges · 14/01/2017 00:26

So you live in the house, but you put her name on the mortgage? has she previously paid anything at all e.g., deposit? Where does she live?

Lunde · 14/01/2017 00:36

Where does your Mum live? Does she need to sell the house to pay care costs?

missfeebs · 14/01/2017 00:56

There is a long back story to this sorry if it's drip feeding.Mum now actually lives in a bungalow across the road from me .This house was a council house bought under the right to buy scheme after my father passed away because mum wanted me to have a secure future.

I believe my brother is abusing my mother he has been caught lying to social services when I tried to access a care assessment for her because she keeps falling and one fall had her in hospital for 4 weeks, this is what my brother and I have fallen out over, I've expressed my concerns to our other family members but they say they are keeping out of it.

I have lived in this house for 40 years it was my childhood home regarding the mortgage she paid until she moved that's what the 5k was for my mortgage is only £135 a month and the money was the amount what she paid from when it was first took out.

It is one big mess really but my main concern is my children

OP posts:

Collaborate · 14/01/2017 08:04

Whether the court would order a sale all depends on the precise agreement or understanding you had when the property was placed in to joint names. Sometimes that can be hard to prove.

AddToBasket · 14/01/2017 08:13

Ok, well, nothing will happen very fast.

I am surprised this is the first time this has come up - what were you planning to do when she died? Or needed care? Presumably she doesn't have other funds.

Can you afford to buy her out? You are going to need to at some point. You can't make her keep her money in your house.

Legally, your brother is irrelevant here.

PotteringAlong · 14/01/2017 08:20

So are you joint owners? Or does your mum own it and you are paying the bills?

MistressMaisie · 14/01/2017 08:20

Are both your names on the mortgage?
Why would DB abuse her, does she own the house she is in now?

FrancisCrawford · 14/01/2017 08:39

This reply has been deleted

Message withdrawn at poster's request.

mirokarikovo · 14/01/2017 08:53

Do you jointly own it as "tenants in common" or as "joint tenants"?

MrsBertBibby · 14/01/2017 08:58

You really need to see a solicitor and give them the whole story, in detail, so they can advise.

From what you've said here, it sounds to me there's a decent case at the very least for delaying any sale until your children are adults, but you really should get proper advice.

Even if this row blows over, your mum will die one day, and then I foresee a big fight with your brother trying to get his share. You need to get things on a beter footing now.

missfeebs · 14/01/2017 09:46

Thanks for all your messages, I think I'll make an appointment to see a solicitor because it's so complicated.

OP posts:

missfeebs · 14/01/2017 10:21

But for the record DM didn't move in with him he moved in temporary 6 years ago when he was evicted from his flat and he has stayed because he doesn't contribute financially to anything.

Regarding the 2nd mortgage DM has never made a payment I've paid it all from the start.
We are both on the deeds but I don't know whether it makes any difference but my name is first.
The house was bought when DM was in her late 60s she is now in her 80s and very frail.
As for DB forcing DM to sell he was listening in on the conversation when she told me and took the phone off her and told me one way or another he was going to destroy me because the previous day we were arguing and he tried to burn me in the face and eye with a little cigarette so I hit him he did actually burn me on the arm.

OP posts:

MrsBertBibby · 14/01/2017 10:40

Good grief, you're in for a rough ride there OP.

Good luck. Tell the solicitor about his violence.

specialsubject · 14/01/2017 17:16

Solicitor? That was an assault, tell the police.

AddToBasket · 14/01/2017 21:36

Your brother won't change the legal position.

Had you made any plans about what would happen to your DM's share if she died or went into care?

FrancisCrawford · 14/01/2017 22:33

This reply has been deleted

Message withdrawn at poster's request.

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