Inheritance vs helping out

Could he buy you out by taking out a mortgage?

Sounds like your mum meant well but has left you with a messy situation.

Yes he absolutely should. It makes perfect sense for your Son to utilise the house.

Ask him to buy out your fifth of the current valuation of the house. OR if he can’t afford it, ask the rich siblings to buy out your share (10% each, so then resident sibling owns 40% and rich siblings own 30% each.

Or even, the 3 siblings buy 1/3 of your share each, so then they each carry share of burden for buying you out.

Im sure if you tell the other two rich siblings that you want to give your son a good start in life they will understand and want to help; surely it’s not fair for them to insist sibling stays living in the house indefinitely when you want to cash out.

Can you be bought out too if another sibling has been?

As I suspected, you have a right to sell the house if you and the other siblings want out. However he doesn’t have to let your son stay there as your son is not one of the beneficiaries or owners. This is what the situation is according to AI but interestingly the courts may give you a higher share when you sell as your brother has lived there rent free:

Legally, the nephew does not have an automatic right to move in simply because his parent owns 20% of the house.
A co-owner cannot normally license a third party to occupy shared property in a way that interferes with another co-owner’s rights without agreement.
So the brother is probably within his rights to say:
“I don’t want your son living with me.”
From a legal standpoint, he doesn’t have to accept another adult into the house.
Could the siblings claim “occupation rent”?
Potentially, yes.
This is where the brother may be more vulnerable.
Where one co-owner has had the sole benefit of a property while excluding others, courts can sometimes order an occupation rent adjustment when the property is eventually sold. That means:

• the occupying sibling may have to account financially to the others for some of the benefit he received,
• although this can be offset against expenses he has paid (insurance, council tax, repairs, mortgage payments, etc.).

It could be very awkward for your ds if your db makes it plain he doesnt want him there. But you've all enabled the situation by not pushing for your share once the year was up.

This really!

He needs to move out or buy you all out at today’s market price. Get the house valued to find out what that is.

In the meantime of course your son can stay, you own the house jointly with your brother so you can just tell him it’s happening!

You're a part owner of the house, so you should just tell him your DS WILL be moving in. Unless he buys you out, he hasn't really got a leg to stand on. It sounds like you are all being really passive about this, hence 7 years later he is still there. Stop letting him have the final say. What do your other siblings want to happen? My dad died and left me and my two siblings his flat in Spain. We have always said as there are three of us, it has to be a majority vote. Me and my sister want to sell the flat, my brother wants to keep it. We are selling.

Dear brother. You have lived in this house many years rent free. Us siblings have not sold the house, despite that being mums wishes in her will. My dc will be staying at the house for x months as I part own this house.

Simple. I hate this saying but, time to put your big girl pants on.

Your brother worrying your son will out-stay his welcome is hilarious! Bloody cheek of him.

It's his home, but it's not his house and he needs to be very mindful of the fact that he does not own the whole house AND he doesn't have to pay rent to the other siblings who actually own more of it than he does.

He may not like it, but he pretty much has to say yes or pay you the rent he's been owing for the past 7 years or sell up. He doesn't have final say because he doesn't own the house. He's a tenant and has multiple landlords essentially.

It sounds like you & your other siblings need to be on the same page of what is happening with the property, maybe all sit down and discuss your individual desires for the property & come to a compromise.

Hes taking the P*ss.

Tell him straight that your son is staying and if he doesnt like it then he needs to buy you out. Id also start mentioning rent to him. It might change his tune and he'll realise what side his bread is buttered.

I also think you and your siblings need to have a talk with him about the up keep of the house. If hes not maintaining it, it is losing value. So not only is he living there rent free hes losing you money in the long run.

You have a 1/5 ownership of this house. Therefore it is very reasonable for you to ask that DS stays in the hpuse for a few months.
I suggest you say to DB that DS is going to stay and then after 6 months he can decide what DS does. That way you mirror mum's will and he can hardly object.

Leverage isn’t a minority stake.

You own 60 percent of the house. Thats leverage.

It’s family, that’s why DB stays, that’s why yr DS stays for a bit.

DB needs to give his head a wobble or you’ll sell the house.

I agree - you co-own the house so you can use it.

I think you've treated your brother generously. You haven't pushed him in recognition of the companionship he gave your mum and the fact it was his home. But he needs to accept that other people have rights here, and that sometimes that means we can't have exactly what we want, and need to adapt and deal with our situations.
I think its more than time for a serious conversation with a deadline to sell up. Seven years is more than long enough to have made arrangements. People have to find new places to live all the time. Usually without the advantage of owning two fifths of a property and a potential savings pot from living rent free for years.
I'm not sure about your DS moving in though tbh. I don't think its a great idea for either of them to force him to have DS in what is still his home, against his will. Better to concentrate on getting the house sold.

Ds should move in. Db can sell up or shut up..

The issue with your DS is separate
the issue is your brother is 6 years over the deadline from moving out
a will is a legal document

He others buys all of you out or you all sell
That’s the wishes of your mum
It sounds like he will be difficult I’d be prepared for a fight

2:5 isn’t a majority though is it! If there are 3/5 owners who say they want the will adhered to, they need to see a solicitor. The end of the road has been reached. The executors have not carried out the requirements of the will either!