Should BIL Pay Rent?

[SedentaryCat]

MIL died earlier this year leaving her estate to DH and his brother (50/50 split).

They have agreed to sell the house once probate has been granted - but if BIL changes his mind and wants to stay there can DH ask him to pay rent on the half he (BIL) doesn't own?

A bit of background: BIL is 56, never moved out and has never paid rent, board or otherwise chipped in to the running costs of the house. He took over the bills 18 months ago when MIL went into care.

Any advice gratefully received. Thanks in advance.

Surely he should buy your husband out if he doesn't want to sell? Charging rent muddies the water I think. Would he just live there until he dies?? If that's what he wants then he needs to buy him out now.

Oh dear. Good luck with your BIL. I think you're going to need it.

BIL should buy your husband out, getting a mortgage if necessary, or the house should be sold. I wouldn’t go for the rental option, as if he didn’t pay things could get very messy.

Sell the house. Get a clean break or this will cost you a lot. Get out while you can.

brother can take BIL to court to get some movement

If it was say a person with young child the court may say they can stay there and pay a fair rent until child is X

(or if bil has learning difficulties maybe?)

But else, they would order a sale.

Thanks. This is what we thought - that BIL paying rent would be more problematic and were relieved when he said he wanted to sell and downsize. We'd expected him to want to carry on living there.

The sale of the house will mean he can buy somewhere outright with his share - he's already said he can't afford to buy DH out.

They had decided to market the property at the end of September, needless to say that ship has sailed as the house is nowhere near ready. MIL was a hoarder and we're still finding stuff to throw out. But for someone who wants to sell he is no longer lifting a finger to help. Which is why we wondered about rent.

He's the kind of person who would think he could continue to live there without paying if the house doesn't get sold.

If he doesn’t want to pay rent, you could work out a monthly amount in lieu that comes from his half of the sale proceeds and goes to your DH to compensate for the delay in selling. I think this might encourage him to shift.

@LeaveMyDamnJam That's a really good point and something to bear in mind if he becomes difficult. DH is speaking to the solicitor later this week to see whether there's been any movement on probate and will ask for some advice.

It's useful to know that no-one has thought we were being unfair!

Actually I think youre being a bit unfair. It sounds like this is, and always has been, his home. He’s lost his mum, and now he’s being pushed out of his home. Yes, legally it needs to be addressed, but morally its a whole different thing.
You say he’s paid money towards the upkeep / bills. Is the split going to take this into account? Try to imagine yourself in his shoes. He’s going to have to leave is home, his brother already has his own home so it doesn’t impact him as he’s not having to sell where he lives. Why would he pay rent for your dhs half of the home up until the point its sold? That just means your dh is making money off his own brother.
Going into the home and clearing out stuff is very invasive - dont forget its still your BILs home!
I’d get your dh to sit down with your BIL to talk through everything, but to remember that it is his brother’s home that he’s having to give up. It’s not all about the money.

A family friend was in this exact situation and it ended up causing a big rift between the siblings as the one who still lived at home refusing to leave or buying anyone out. The others allowed them to stay buy it ended up causing so much resentment that they don't speak anymore.

I would advise getting this sorted sooner rather than later, ideally with a view to your BIL using the proceeds to buy a smaller place of his own. I can understand why he would want to stay but it isn't fair on your DH.

I agree with @Soontobe60 going on the information here

I can't imagine how I would feel if I've always lived there and having to move out cos the owner's died and knowing my sibling at least didn't have this to worry about