House sale, 3 adult children, 1 with nowhere to go

[MakeMineALarge1]

So MIL passed away, she had 3 children ( all children 50 yrs +), I am married to one of them
Adult 1 - I am married to, both him and me in good jobs, 1 dependant child
Adult 2 - Single, decent job, mortgage free
Adult 3 - Single - never had a real job, works hard but plays hard and has never settled down, spend half the year skiing and then comes back lives with mum and goes back again in the winter

MIL passed away, house being kept on as if sold, child 3 will effectively be homeless ( they do have 2 children who both have homes and lots of friends, so wouldn't be on the street ) but he cannot buy the other 2 out and cannot afford to keep the house on his self - the house isn't worth a great deal, say £180,000 ball park figure, so if sold and split equally only £60,000 each, which wouldn't be enough to buy him a place, but would cover rent for a good while until i presume benefits kick in?

Adult 1 and 3 are not pushing for the sale and they will not see number 3 homeless, but this can't go on forever ( its all very recent) I am not getting involved, but would be interested in knowing what others think.

Also this situation very much mirrors my own family with my sibling being very much like adult 3 and I may be facing this conundrum in the future.

Different perspective from me as i will be in the same position in the future - but me and my brother will not see my brother homeless and she can stay in my parents place for as long as she needs to - I’m sure my sister in law will feel differently tho, she’ll push for a sale I guarantee it.

That is my fear! He now gets to live there rent free and has no incentive to save up or move out! Makes me so bloody angry, we don't need the money, but if we sold the house, we could all have circa £60.000 each and we could invest for our children and our future!

He could use his money to buy a static home, bills would be cheaper and most are classed as holiday homes so can only live there for about 9 months of the year which would also mean he wouldn't have to pay council tax but at least he would have somewhere to live when he's back in the country

I get this, and I don't want to see him on the streets, but he has never saved a penny in his life, now he has even less incentive to save, he;s living rent free in a house whilst the other two who have worked hard all their lives to pay their morgages off aren't seeing any benefits.

And exactly when is this 55 year old man thinking to join the real world?
The will says sell... but not make him homeless... so how long does this drag out for...
And what plans does he have for retirement.. when he is not able to ski and taxi.. who is he going to leech from then. Because that is his plan...
His brothers need to be firm.. he cant live rent and bill free in their late mothers house at their expense.. because he wants to...
Has he calculated how long this scenario has to play out while he saves up?
Needs his ass kicked.

Op what does the 2nd sibling say?

the house just needs to go on the market. Now. He’ll get 60k ish which will be a significant start for his savings.

I’m guessing your brother has a genuine need for the home though? That’s different

op’s BIL has freeloaded his entire life and needs to grow up.

Sibling 2 doesn't really have an opinion, never has really on anything, this is what worries me, she won't make any decisions and my husband hasn't made a decision in 30 yrs! The sibling in the house seems to be the one guiding all this as its suits him to stay there !

This is what I have said, we need a limit of 6/12 months on it then it has to be sold. It cannot drag on forever, we could do so much with that money for us and for our children

There's difference between throwing someone on the streets and giving 60K and thell them to find their new home. DB won't be homeless, has or will have funds in the bank and area is cheap. Put house on the market now.

I'd agree to 6 months then it WILL have to be sold.

I think 6 months is more than reasonable. And it could take a while to find a buyer, and then a while for a sale to go through, so I think putting it on the market in 3 months would be a good idea.

And how does he plan to save up if he's not working? And he needs to be responsible for the bills while he's living there rent-free too.

He's starting to sound like a CF imo.

He's covering all bills whilst he is there.
That is one thing they all agree on.

He is working.

There would be a definite date on that- although I'd also be finding out what the eviction process would be- since if he doesn't leave in 6 months and refuses to leave, what is theoretically the plan? I would start to empty the house out of the family belongings that don't affect him, so that he is fully aware it is happening and won't be extended. He's taking the pies and walking over his siblings because he always has.

Agree, 6 months is more than reasonable.
Get siblings to agree to an agent and an end date.
When is he due overseas again? Maybe make that the natural end date.

He's already had 6 months, the OP started this thread in January.

He needs to agree to sell the house ASAP and he can use his share to buy a flat to live in when he's not working. It sounds like he earns a living but just spends it all enjoying himself.

Who looks after the house when he's away now that MIL isn't living in it? What if there's a break in, water leak etc?

The other concern is what happens when he can't work? He doesn't sound like the sort of person who's saved into a pension.

To be fair he has only just come back from France, he had contractual obligations and needed to tie things up there, he starts this work.
Probate hasn't gone through, so not a lot we can do.
When the house was empty one of the siblings lived close by so would nip by and check on things.
You're right, no pension, that is why he needs to sort things out now

He said he isn't going away again, time to settle down.

In a way you are lucky, OP. In my family we have twice had a situation similar to this with adult children living at home, paying minimal rent, living a responsibility free life and not even giving time to house and garden chores and they have been left the entire house because "they don't have anywhere to go". Siblings were left token gifts so that they couldn't contest the will. Siblings are struggling with mortgages and the col. At least your MIL considered her other children. Your husband and SIL need to stand up to their sibling. He shouldn't be enabled at the expense of you and your children.

What's the honest value of the house, given that you say it needs work and the market isn't as good as it was?

If he says 'it's time to settle down' would that include getting a regular full time job?

If so, is there any chance he could afford to buy you both out? With a 33% deposit, he won't need to earn a high salary in order to qualify for a mortgage.

Eg if the value is still £180k, he needs a mortgage of £120k, he could get a mortgage if he earns £25-30k.

If you could agree a bit of a discount on the value in order to solve the problem it would make it even easier for him. Eg if the house was valued at £150k, he'd only need a £100k mortgage and you'd both get £50k cash.

Or him buy a cheaper property, using his share of the house sale, which would obviously be cheaper for him to run.

If he isn't going away then he needs to get a lodger in so your dh and SIL can have some income from the house, even if it is just for a fund for maintenance. Another possibility is could he permanently move to the ski place, or somewhere else in the country he has skied in, although he says he isn't going back he obviously loves it there so why not permanently move out? . House prices are often cheaper and most resorts have some summer activities going on too.

He probably won't be able to live full time in a European ski resort due to Brexit.

There's a lot of 'guided sports' companies (mountain biking, scuba diving as well as winter sports) that are really struggling to employ British guides because they can no longer work all season in Europe.

So they employ Irish ones, or other nationalities like Scandinavians and Germans who often speak good English.

I think a further discussion is needed. If the house is sold he would get £60k minus fees and a share of whatever is left in the bank account. How much more does he need to save? What is his earning potential? A vague proposal that by living rent free he will save for a house isn't sufficient. If he needs 6 months to get a job and get some employment history then fair enough, but getting a mortgage as a new employee won't be easy. He could be looking at having to be with the same employer for a year or 2 before he can get a mortgage deal. Is he hoping to stay in the house rent free until he can qualify for a mortgage or buy a house outright? In his 50s he hasn't got the option of a long mortgage so he will be even more restricted. How much does a 1 bed flat sell for in your area? That will be a starting point for how much he needs to save before he can buy his own property.
I know he is family but everone needs to step back from that to a degree. Treat it like an arms length business transaction, with the siblings being landlords, providing their share of the property at zero rent for 6 months, but on certain terms relating to savings to allow the property to be sold. Allowing 6 months rent free would still acknowledge he is a sibling but at the same time show the siblings won't financially support him forever. Point out that you have to put your children's interests first. Which is why you can't have an open ended agreement for him to stay in a house that is an asset which your dc have a financial interest in rent free for too long.
Ask him for a proper business style proposal to set out a target of monthly savings to achieve that so there is an end date, and an agreement that in 6 months there will be a check in to confirm how he is doing. That way, if he makes no effort, it will be obvious that he has no intention of moving out unless forced. It will also focus him, if he needs that.