DM house being sold-anything she can do?

[Edenviolet]

My parents got divorced years ago (1998i think) at the time df was given a 37% share of the house which was meant to be sold when dsis, the youngest child was out if education or 18 yrs old.

That came and went, dsis is now 27. Df is now insisting the house is sold and DM doesn't want to. He said she can't even take him to court as once the divorce agreement was broken years ago its now just up to him to sell when he wants despite her having a bigger share. It was df choice not to sell he decided not to as dsis had been unwell and then he just moved away and didnt mention it till now.
DM said she can't afford costly legal advice so I wondered if anybody knew if what df says is correct that he can just go ahead and put the house on the market as he is going to see an estate agent?

Thanks

[MarathonFan]

I don't think your dad is automatically entitled to 37% of the value of the house now. If mum has maintained it since 2005 I think the lawyers could make a case for her to take her costs but she has lived (presumably) rent free in his share for almost 10 years so I imagine in practise that would be off-set. She won't have a hope of getting a court to allow her to stay - there may be some adjustment in the way the house is divided (but that could go either way) so she (and he) needs proper advice

The house should have been sold years ago and DF isn't wrong to want it sold now. DM won't need a mortgage - her share is surely more than adequate to buy a place of her own.

What does DF say about DSis' actions. That really is low, I hope your dad goes on a cruise with the money

[Icimoi]

Your mum needs to be aware that if DF has to go to court to get the house sold, his court costs are likely to come out of her share.

[HolidayCriminal]

it's not her house; she owns part of a property where she happens to live. What is the capital gains situation for the 37% share owner, does anyone know? How does that work?

[Nappaholic]

DM is safe from CGT as the house has been her home. DF will be liable for CGT though.

Refer to the court order or subsequent deed of trust for any clues as to the division (beyond the split). There may be clauses about enhancements or maintenance costs.

Essentially though, if DF has to apply to the court, DM may end up paying his costs, plus interest at 8% pa from the date his share should have been paid out....

[Edenviolet]

Really though ? Despite it being df choice not to sell in 2005. DM never asked him to not sell he just didnt and from his opinions currently I think he was just waiting for an increase in value.

[TweedleDi]

But he didn't charge pro rata rent either since 2005 either, did he?

[MarathonFan]

Well , the only reason for it to come to court now is if DM does object to the sale.

[mumblechum1]

The consent order will have specified how the 37% is calculated. It is almost certainly going to be the value at the point of sale not the point of agreement.

OP, from what you've said your mum has no realistic prospect of staving off your DF's demand for his money. If she can't afford to buy him out and doesn't want to sell, the only other option may be to take equity release but she should be very careful as sometimes these will charge a very high rate of interest.