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Half a house

(5 Posts)
karmaz Wed 19-Oct-16 21:56:50

My mother died several months ago. She signed over her house to myself and my brother several years before she died but continued to live in it. After her death the house is now empty my brother and I agreed to put it on the market and split the money . However after the house had been on the market for only a week my brother had a change of heart and decided that he wanted to buy my half of the house off me it up and rent it out. I agreed to this as long as he gave me a fair market value . This had already been obtained for the probate purposes. He would not agree to this price and kept offering me well below the market value...he insisted on keeping it on the market (with no intention of selling it ) to just find out what offers would come in and said that whatever the highest offer was he would match it. In no time the offers came to what we had been told initially by the surveyor. He told me to take it off the market at once and that he would buy it off me for half that offer. I had no option but to do this and asked him to put in writing his intention to buy my share and to start the process. It has been several weeks now ...despite several letters he will not speak or communicate with me. I can't sell the house without his say so and now he will not confirm his intention to buy me out...the house has now been empty for a long time . I am at the end of my tether with it all . I am still grieving for my Mum and just want to let the house go for a fair price and to be able get on with my life . What can I do ?

Topseyt Wed 19-Oct-16 22:26:19

You need proper legal advice, so you really need to consult a solicitor.

What does your mother's will say? Who are the executors if the will? They should be ensuring that her wishes are adhered to as closely as possible. That would presumably mean sale of the house and equal division of the proceeds.

We were in a similarly tricky position to you after my MIL died and my BIL threatened to move into her house rather than leave it to be sold and divided equally between the siblings.

DH was executor if the will though, BIL wasn't. We had no choice but to change the locks to thwart BIL so that MIL's final wishes (sell up and divide equally) could be carried out.

Perhaps it was slightly dodgy legal grounds changing the locks, but if BIL had moved in then he could have effectively disinherited his two siblings.

In your situation I would have thought that the best and easiest way for both you and your brother to benefit fairly and equally would be to sell the house , divvy up the proceeds and be done with the whole process.

Collaborate Thu 20-Oct-16 08:08:38

This has got nothing to do with your mother's will, of course.

You are left with little option other than to threaten an application to court for an order forcing sale. It appears he has little intention of proceeding with this. Where about in the country are you? someone will be able to recommend a solicitor for you to use.

karmaz Thu 20-Oct-16 17:21:51

Thanks for your replies...yes it has nothing to do with the will as the house was passed to us long before she died. We are both executors of her will and he is being a pain regarding all the joint paper work regarding this. It does appear that my brother for whatever reason will not go down... the best and easiest way.
It does seem that I will have to threaten him with an court order to force the sale of the house. How exactly though would that work ?

Collaborate Thu 20-Oct-16 22:11:32

It's an application under s14 of the Trust of Land and Appointment of Trustees Act - made in the county court.

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