To think my husband needs to grow some balls?(43 Posts)
Basically DH owns a 1/3 share of some commercial property/unit which was inherited 30 years ago. He has never used the property or received any money from it.
His brother has always used it as he is self employed.
DH however has always helped maintain the property ie repairs etc.
Third brother who has 1/3 share has absolutely nothing to do with the property.
They have been offered over the years to sell it (property developers). DH and one brother have always wanted sell but older brother who uses the property has always refused.
Anyway, some major repairs need doing. Older brother has told DH that he either gives up today (there at the moment), sunday & monday to help him do the repairs or his brother is going to pay a friend (on job seekers) to do it and DH will have to pay half to this friend.
I am really angry as
- only DH working and we cannot afford it
- we were planning on taking the children out over the weekend
- his brother has had many years use of the property
- DH has told him to flatten the unit as opposed to the repairs. Brother's work has dropped off a lot so only really stores truck, tools and other equipment there. DH told his brother to rent another unit for this.
- Both DH and other brother have wanted to sell for many years.
Told DH to polietely tell his brother he does not want to give any more of his weekend up or pay anyone else to do work.
DH said he "tried" to tell him but brother is having none of it.
DH is in foul mood with me and children because he's annoyed at brother.
Is DH a wimp or am I being to harsh? I always feel as if I'm the one wearing the balls in the marriage!
over the years to s
The brother with use needs to buy the other two brothers out.
Linerunner - I've said this many times but DH and other brother have always said older brother couldnt afford to buy it so they have always refused to ask him.
DH and younger brother have always seemed scared to be open and honest with him. DH has always told me it's none of my business! Funny how my DH can stand up to me but not his brother!
Your DH is very wrong in taking his frustrations with his older DB out on you and the DC. His gripe is with his older DB and should be angry/stroppy with him.
His older DB has in the past made money from this property, your DH has not but is expected to pay for half of the repairs? The 3rd DB not?
That is unfair. Your DH must grow a pair and tell him "NO".
Have it valued, either he buys out the others, or he can use the money to get somewhere else.
he has had many years free use,
We pay quite a lot to rent workshops, you could redo the unit, to a legal standard, then charge rent.
All three of them need to sit down and sort it out.
Sounds like he is deliberately being difficult to deal with, in order he does not have to give up the very nice arrangement (from his point of view).
who pays the tax to the local authority and insurance?
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This needs to be put on a proper commercial footing. The brother who uses it should pay rent and that would build up a 'pot' of money to pay for repairs and necessary maintenance. I think he should see a solicitor if the brother who uses it is being nasty about it.
There is no way he should be nasty to you about it.
If he has never received a penny from it why not just cut his losses and hand it over to BIL? it would save him paying out on something he does not use or profit from. if 30 years have gone by surely doing this would not affected him or you in any way?
It's good to hear that I am not being unreasonable.
Just spoken to DH who said that his brother will "fall out" with him if he refuses to do as he says. His brother is the sort who will forever stop speaking to someone over a minor disagreement or if they dont see things his way.
DH said he is being pulled two ways by me and his brother! Said he feels like jumping off a cliff. WTF?
Quoteunquote - No tax or insurance gets paid as his brother has never declared it. I've previously told DH I would report it but DH said he'd also get into trouble as he owns a share. Younger brother actually rents his own unit somewhere else even though he owns 1/3 share!!
He is taking out his frustrations on you. Unfair.
Get a proper valuation.
You and the brother who want to sell can force a sale.
or the other brother who doesnt want to sell can either buy you both out OR start paying rent
so there's a fraudster in the family, and your partner is colluding, and the rest of us are paying.
isn't that nice of us?
Sorry but this is ridiculous.
Who gives a shit if the brother stops speaking to them. He's a scrounging, piss taking twat anyway.
I would suggest legal advice but I don't think your dh is man enough tbh.
I would imagine the twatty brother not speaking to you all again would be a bonus.
Either offer to give him the share in the unit, or force the sale. I would personally force the sale.
BTW - you are allowed to earn money whilst claiming JSA - it's minimal but nonetheless, it is allowed
legally if a property was left to all 3 brothers any one of them could force a sale to release their share does not need to be unanimous or even a majority if brother X wants his share it either
a)has to be sold so X gets his third
b) or its is valued and then Y and Z buy X's share between them,
c) or if X does not want his share immediately it is valued and a market rent set says £ 300 a month as X has use he pays £100 to Y and £100 to Z and keeps the other £100 they all agree to put a certain amount aside for repairs or agree to split repairs 3 ways obviously wear and tear solely due to X's business is paid by X on his own and when X finishes with building they all take a 1/3 of final sale
any other solution relies on Y and Z's generosity and if they are that generous then X should pay for repairs and still get just 1/3 at final sale as has had rent free for so long even if his improvements repairs have increased value
I agree with what you have all said.
He is a fraudster. DH has always been worried that he'll be liable for loads of unpaid tax if the council were to find out.
The whole situation has always got my blood boiling.
DH would never force his brother to sell. He's too scared to!
Really - if it is a viable commercial property - then the three of them should pool some resources, do it up, sell it OR rent it out and all gain an equal income from it.
Hollyberrybush - I have made similar suggestions over the years as has younger brother's wife. Older brother has always resisted every suggestion put forward.
My DH and younger brother just go along with whatever older brother wants.
If your DH and his younger brother are scared of the emotional reaction of his older brother, you have to wonder why.
Tell him, what would he prefer falling out with his brother or falling out with you and sleeping on the sofa and no more perks that you bring him.
If its the former, then he go snuggle his brother in the night then.
just a thought but could the brothers sign over/or put in joint names the share to you and youngers brothers wives then you 2 can be the bad guys and sell/rent?
The older DB is a right nasty bully and DH has done his bidding. Youngest DB will not be bullied by him and has refused to help with repairs. So bully DB goes for the one he can bully, your DH.
I understand your anger, I would feel the same, but could not tolerate a DH who put his fears of his DB above his love for you.
No tax or insurance gets paid as his brother has never declared it. I've previously told DH I would report it but DH said he'd also get into trouble as he owns a share
You need to sort this out, what sort of square footage floor space is the workshop, as that is how they work it out,
if you sell then they will want back payments, if it has been used as a workshop, make sure it only a store,
take out at least public liabilities, NFU are very competitive and easy to deal with, find the local office have a chat, do not stick your head in the sand on this one.
you are all liable,
You may have difficulty getting out precisely because you have left him there without paying rent, or having a contract,
before any more wood gets put on the fire, try to get the brothers to sit down and talk, it will save huge amounts of stress and money.
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