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Brother forcing elderly mum to sell house

(19 Posts)
missfeebs Fri 13-Jan-17 23:46:43

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.

prh47bridge Sat 14-Jan-17 00:14:03

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 Sat 14-Jan-17 00:21:49

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

BurningBridges Sat 14-Jan-17 00:26:11

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 Sat 14-Jan-17 00:36:26

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

missfeebs Sat 14-Jan-17 00:56:45

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

Collaborate Sat 14-Jan-17 08:04:46

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 Sat 14-Jan-17 08:13:38

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 Sat 14-Jan-17 08:20:04

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

MistressMaisie Sat 14-Jan-17 08:20:06

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

FrancisCrawford Sat 14-Jan-17 08:39:26

It's still not clear why you think your brother is forcing your DM to sell the house.
From your posts you are both registered owners, with two mortgages on the property. Your DM paid both until 8 years ago, when she moved out. You've been paying £135 a month in mortgage repayments since then , but not giving any rent money to your DM for her share in the house. Presumably the house was also your DBs childhood home?

Legally, if you are both registered owners, i.e. both on the deeds and with the title in the Land Regstry showing both names, it is much more difficult to force a sale without a court order. However, if your DM is the sole owner then she had every right to put the property up for sale.

Why did your DM move out to live with your DB, rather than staying in her own home? Do either of you have a power of attorney for her? Do you know if she intends to leave her share of the house to both you and your DB?

I wonder if there is more going on with your DMs health than you know about, especially as relatives are telling you not to interfere? It would be very unusual for an elderly person hospitalised for four weeks after a bad fall not to have had a number of assessments while in hospital by occupational therapists etc.

mirokarikovo Sat 14-Jan-17 08:53:11

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

MrsBertBibby Sat 14-Jan-17 08:58:52

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 Sat 14-Jan-17 09:46:24

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

missfeebs Sat 14-Jan-17 10:21:24

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.

MrsBertBibby Sat 14-Jan-17 10:40:59

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

Good luck. Tell the solicitor about his violence.

specialsubject Sat 14-Jan-17 17:16:15

Solicitor? That was an assault, tell the police.

AddToBasket Sat 14-Jan-17 21:36:50

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 Sat 14-Jan-17 22:33:18

It makes no difference whose name is first.
In Scotland the deeds will also contain a "destination", which states how the property is owned, so "equally", which means you each own 1/2 and can leave it to anyone in your will or "equally and survivor", which means on the death of the first person, the second person inherits the property automatically.

Does your mum also own the bungalow? Why did she move out of her home of 40 years that she'd bought?

If your DM is so frail, surely during her long hospital stay she was assessed several times in different situations by occupational therapists?

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