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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Family feud

113 replies

OneQuickPeachCat · 11/06/2025 18:46

By way of background, I (55F) have a DS (58) and DB (59). I live with my husband mortgage free and our two adult sons have moved out. Our DS also lives mortgage free and her adult daughters have left the nest. DS and I live comfortably with our respective husbands.

Our DB has been living with our mother for the past 20 years, since his divorce, in the family home we have had for over 50 years. He pays the bills and is in the house with our mother every evening which is naturally a relief for us as she is approaching 80 and is showing significant signs of dementia. We have organised a carer to come in 3 times a day to feed her but I think she probably needs to go into a home 24/7. Due to some historic family issues (family business, threat of bankruptcy etc) the house is in my name. This means that technically our mum will not have to pay to go into the home as she has no assets. There will be a shortfall of £300 a month and any additional expenses (between the 3 of us adult children).

Once my mother is in the home permanently, I would like to organise the sale of the family home, so that there is some money in an account for our mother to cover this additional £300 a month and the additional expenses described above (glasses, clothes etc). The rest will be divided equally into 3 parts.

This will mean that DB will have to leave the house and find somewhere to rent. His portion of the money will not be enough to buy somewhere new and he has some debts he will need to clear first in any event before he can take out a mortgage.

I feel that once our mother is in a home, it is pointless keeping hold of the family home, just because my DB lives there. He can clear his debt and rent a small flat somewhere with relative ease. I guess I am somewhat resentful that he lives there for not a great amount of money whilst I have spent years paying off my mortgage.

Our parents never left a will and our DS is indifferent. Our mother is at a point where she lacks capacity to make a decision. No LPA in place.

DB is very upset at the prospect of the house being sold and that he will need to find somewhere to rent for the rest of his life. He works full time and is not entitled to any benefits. A mortgage at nearly 60 would be near impossible for him to obtain. He has asked if he can stay in the house for a few more years.

the question is…AIBU in selling the house, evicting my brother and giving him a share equal to mine and our DS, notwithstanding that we have very different financial circumstances?

OP posts:
healthybychristmas · 13/06/2025 00:00

AyeDeadOn · 11/06/2025 19:14

Could your brother rent the house for 300 a month to cover the fees? I'd be so reluctant to throw my brother out of his home, especially when he is coming to terms with living alone rather than with his mum. Honestly, if I could afford it I'd get him have "his day" in the house, and then pass it on to my kids as soon as he passes.

That could be in 30 or 35 years time.

YinYangalang · 12/06/2025 21:39

If you or your DS don’t need the money immediately why make your DB homeless? The priority is the £300 extra your DM will need for her care.

I don’t agree with dodging the care home fees by misrepresenting who owns the property. These are not morals we as a family adhere too. Neither would we make one of our siblings homeless.

pinkdelight · 12/06/2025 21:29

croydon15 · 12/06/2025 21:26

When your DM goes into care, the Council would normally sell the house to pay for it but as the house is now in your name this could be classed as deprivation of assets.

OP sounds like she's across all that - if they've already put the house in her name for historic reasons around a business, which presumably involved its own legal dance, I'd have thought the time limits and legalities are all covered so that it's not a deprivation of assets. Or that the OP is aware of it all at the very least.

croydon15 · 12/06/2025 21:26

When your DM goes into care, the Council would normally sell the house to pay for it but as the house is now in your name this could be classed as deprivation of assets.

pinkdelight · 12/06/2025 21:18

I don't know why people are treating DB as though he is some kind of saint. He's lived there for 20 years on a low rent, still manages to have debts, and is expecting his sisters to sub him even though they've not had his advantages (as eldest son, inheritance wise). Sure he's been there for his mum in this last phase, but that's a side-effect of him living their for his own ends for many years. I think OP is right to be pragmatic about the whole thing, prioritise care for her mum and the DB needs to sort out his long-term situation. He's been putting it off for long enough, assuming his mum and sisters would sort it out for him. Better to be clear, without being cruel, and have a proper plan in place going forward. Him being allowed to stay on for a few years is not a plan. It just kicks the can down the road as he's been doing for two decades and could do indefinitely unless his more organised sisters take the reigns and manage this.

Toilichte · 12/06/2025 21:15

Has your mum been paying you market rate rent? If she just moved the house into your name then the council will likely see it as deprivation of assets and require it to be sold to provide for her care.

It isn’t just as simple as shifting stuff into a family members name. If it was, we’d all be doing it.

Donut22 · 12/06/2025 21:09

I think you are being very unfair on your DB he works all day then goes home and deals with your mum all night.... and your talking about kicking him out.... Your comfortable in life so why on earth would you not want to help your brother out?

Allaboutfairness · 12/06/2025 21:06

If your mother goes into full time care her asset's will be assessed, as she has continued to live in the property without paying you rent it will be deemed to be a contrived transaction, hence ignored by the local authority, the house will have to be sold to pay for her care, after all why should the rest of us have to pay for her while her offspring shower themselves in ill gotten cash.

ByRoseCat · 12/06/2025 21:02

When was your mother's house put in your name?
How many years?
Worry about deprivation of assets first.

Then put a good chunk aside for your mother's expenses.

Split evenly 3 ways but then deduct whatever the place in Greece is worth from your brother's share.

You've got kids to think about.
Old brother isn't your concern.

Notreallyme27 · 12/06/2025 21:01

Ketzele · 12/06/2025 19:40

Yes, this is sticking in my craw a bit. Your mother's money should be used for her care. Signing her house over to you was fraudulent, wasn't it?

I also think you could be a bit more generous to your brother, given the care he has provided and the fact that you and your sister are set up.

I'll admit I've got a bit of a bee in my bonnet about inheritance. It's one of the primary drivers of inequality yet fraud in this area is somehow not frowned on in the same way as benefit fraud. You are talking about it as though it's your money, OP, but it isn't really, is it?

This!

You’re screwing the UK taxpayer into funding your mother’s care when she should be paying for it herself, and all the while complaining about your brother.

user7529706387 · 12/06/2025 20:55

My relatives care home (residential not nursing or dementia care) was 6k a month when they died 4 years ago, probably at least 7k if not more now. I’d consider how much he has “saved” you being there to enable your mother to live “independently”
You also need to be careful if it is your house and they are your tenants, there are an ever increasing list of legal obligations you have to them that you’d be wise to have not breached. Electrical checks, gas, EPC etc. all need to be up to date whoever your tenant is.

Calliopespa · 12/06/2025 20:52

AyeDeadOn · 11/06/2025 19:14

Could your brother rent the house for 300 a month to cover the fees? I'd be so reluctant to throw my brother out of his home, especially when he is coming to terms with living alone rather than with his mum. Honestly, if I could afford it I'd get him have "his day" in the house, and then pass it on to my kids as soon as he passes.

I’m inclined to feel the same op.

He is your older brother, he has been helpful in a very practical way to the family, you don’t need the house.

I would also get legal advice about the extent to which he and your sister could challenge your inheritance if the whole if they family home is in your name.

RuffledKestrel · 12/06/2025 20:46

Who paid of the mortgage on your mum's house? Your mum and your dad? If so then the house is your mum's. Yes your name is on the deeds but morelly it's your mum's if she and your dad paid for it.
If your mum is assessed and deemed needing fully funded support in a home (this takes years if you need to go through the courts to get guardianship) then what would she have wanted to do with the house?
Surely she would have wanted to ensure her son who had looked after for years had a secure roof over his head?

Stop being bitter about your brother living with your mum later in life just because you managed to buy and pay off a house.

Chipsahoy · 12/06/2025 20:35

Let him stay. He’s cared for your mom and paid all the bills. Draw up a proper tenancy and he can rent from you.

OneQuickPeachCat · 12/06/2025 20:20

Thanks all. DB worked Monday - Saturday 8-6pm so I wouldn’t say he was her full time carer but equally having him there during the night is a blessing. She has started waking during the night, confused about her whereabouts, so he is up at various hours consoling her… DS is now of the view that DB had no other choice (financially) than to live with our mother following his divorce, so he should be grateful he had a roof over his head for so many years. I think I will need to take legal advice!

OP posts:
WorcsEdu · 12/06/2025 20:12

I think the kind and clever thing to do would be to allow him to stay but pay more towards your mother’s care home fees? Surely that works out cheaper than rent PLUS allows the house investment to carry on growing (rather than cashing out and not accruing any more value). Plus this is not a good time to sell. A bit baffled that you wouldn’t want to do the most lucrative thing for all involved!

Gosh it seems harsh to kick him out after all those years taking care of her. In that time house prices and rent have skyrocketed.

Laura95167 · 12/06/2025 19:55

You might have to sell it with a sitting tenant. 2 potentially, if there's no LPA you don't get to decide about putting your mum in a home if she isn't happy with it. Equally your brother could apply to have LPA and that would complicate things.

I think you need to appreciate that having him there full time saved the 3 of you a small fortune in care and offered a load of reassurance. You could even ask him to pay the £300pm shortfall for mums incidentals in exchange for staying in the home if you didn't sell

Fluffypotatoe123987 · 12/06/2025 19:47

I think you are being naive to think the government will just put your mum in a home because you think she needs it. At present she has 24 hour care plus carers. Why is this not enough. Dont forget she will have to be assessed and recieve full funding.

bostongirl222 · 12/06/2025 19:45

The bottom line is if your mum was of sound mind she would never agree to this and you know that.

Ketzele · 12/06/2025 19:40

Yes, this is sticking in my craw a bit. Your mother's money should be used for her care. Signing her house over to you was fraudulent, wasn't it?

I also think you could be a bit more generous to your brother, given the care he has provided and the fact that you and your sister are set up.

I'll admit I've got a bit of a bee in my bonnet about inheritance. It's one of the primary drivers of inequality yet fraud in this area is somehow not frowned on in the same way as benefit fraud. You are talking about it as though it's your money, OP, but it isn't really, is it?

Mumof2wifeof1crazytimes · 12/06/2025 19:26

Surely the proceed of the sale of the house should be spent on care for your mum, that would be my first priority.

bostongirl222 · 12/06/2025 19:21

Wow i think your being awful. Your brother was good enough to put his life in hold and take over all the care of your mother and now you don't need him anymore you're chucking him on the street

SparklyLeader · 12/06/2025 19:20

Start charging the brother market rate rent for the house. A smaller place will be cheaper.

Marmiv87 · 12/06/2025 19:11

.

MonTuesWeds · 12/06/2025 18:49

Sminty2 · 11/06/2025 18:53

Why don’t you sell the house, buy a flat with all of his share and part of yours. He could pay rent monthly to pay your contribution back. You would have an investment, income and he wouldn’t be homeless or have to fund a mortgage.

I would be careful with this, something similar happened in my family - the rent was not paid, and then what? It ended very badly

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