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Original poster

My brother asking money.. - any solicitor here?

28 replies

cadaya · 26/10/2022 21:40

Hi all,
I used to live with my parents. We bought a small flat together with my dad almost 14 years ago. My father paid %50 and I paid an other %50 of the property. Now my parents are dead and my brother asking money from me as he says %50 was my fathers so he also owns it. My brother says my fathers %50 share’s %25 is his and other %25 is mine so in total ı should receive %75 rent and he should get %25. Is that true? I was planing to go and see solicitor about this matter but I wanted ask here if if it is True there is no need to go and make him sad or angry. I was always thinking we put the money together so I should own the property because there was no chance for my dad to buy that flat without my cash.. Please let me kmow wwud?

OP posts:
Aquamarine1029 · 26/10/2022 21:42

What did your father's will say?

Iamthewombat · 26/10/2022 21:43

Did your parents make a will?

If not, and if there are no complications (eg children from previous or subsequent marriages) then I suspect that your brother is correct.

Changingplace · 26/10/2022 21:44

Did your father have a will? What happened with the rest of his estate?

Did you buy the property outright 50/50 or was there a mortgage on it?

I think you’re right to see a solicitor.

Original poster
cadaya · 26/10/2022 21:46

No I think they dont have a will.

OP posts:
Soontobe60 · 26/10/2022 21:46

When you bought the property, was it as tenants in common or joint tenants? Or did you just give him the money and the property was in his name only?

Original poster
cadaya · 26/10/2022 21:50

@Soontobe60 there were no tennats when we bought the property - ıt was brand new. The property is on my name and also on my fathers name %50 - %50

OP posts:
Changingplace · 26/10/2022 21:50

cadaya · 26/10/2022 21:46

No I think they dont have a will.

So what has happened with the rest of his estate over and above the flat and who has been dealing with that?

Changingplace · 26/10/2022 21:51

cadaya · 26/10/2022 21:50

@Soontobe60 there were no tennats when we bought the property - ıt was brand new. The property is on my name and also on my fathers name %50 - %50

Tennants in this scenario refers to you & your father and how the split was agreed legally.

Do you have the details of the solicitor you used to buy the property? They would be a good starting point to clarify this.

Lochjeda · 26/10/2022 21:52

Your brothers correct.

Original poster
cadaya · 26/10/2022 21:53

@Changingplace me and my father

OP posts:
Lougle · 26/10/2022 21:55

If there's no will then I think your brother is correct. 50% goes to you and 50% to your brother, so overall you have 75% and he has 25%.

Overthebow · 26/10/2022 21:55

As there is no will then your brother is right. You own 75% and he owns 25%.

Catflapping · 26/10/2022 21:59

It will depend on how you bought he property as PP said.
Joint tenants - the property automatically goes to the other owners if you die

Tenants in common -the property does not automatically go to the other owners if you die. You can pass on your share of the property in your will.

Original poster
cadaya · 26/10/2022 21:59

@Lochjeda Ok.
there is no problem I give %25 of the rent to him but thats mean I need to deal with him from now on regarding property? What if I would like to sell the property but he doesnt want etc :/// this made me sad as he really doesnt respect my ideas, decisions.. good luck to me

OP posts:
Fizzadora · 26/10/2022 22:00

If you are in the UK and your father bought the property as joint tenants then his half share passes to you on his death. If you bought as tenants in common then his half share passes under the rules of intestacy if there is no will, so your brother will be entitled to half your father's share (25%).
Check the wording on the title at the Land Registry.

LetUsPonce · 26/10/2022 22:01

It depends on whether you and your father were "joint tenants" or "tenants in common". "Tenants" here has nothing to do with rental. Each is a form of ownership and which it was governs whether you are now entitled to the property (and rental income) outright or whether your brother is also entitled. You need advice from a solicitor.

Unseelie · 26/10/2022 22:02

OP you need to find out if you bought the property as “joint tenants”. If you did then it is 100% yours now.

If you instead bought it in ‘tenant in common’ shares, then your brother owns 25% now (unless a will says differently).

GrannyAchingsShepherdsHut · 26/10/2022 22:03

OP tenants in common / joint tenants doesn't mean tenants like in renting. It's a legal term that means how you owned the property with your Dad.

It's really important you find out as one would mean you own all of it now your Dad has died, the other would mean that his half is split between you and your brother.

Aquamarine1029 · 26/10/2022 22:05

You need to see a solicitor as soon as possible, and you can't allow your brother to bully you.

GrannyAchingsShepherdsHut · 26/10/2022 22:06

OP, you can see a copy of the deeds here if you don't know where yours are, I think it's £3. You want the title deed. (the title plan is a map) this is the official site, others will try to charge you lots more.

eservices.landregistry.gov.uk/

Changingplace · 26/10/2022 22:06

cadaya · 26/10/2022 21:59

@Lochjeda Ok.
there is no problem I give %25 of the rent to him but thats mean I need to deal with him from now on regarding property? What if I would like to sell the property but he doesnt want etc :/// this made me sad as he really doesnt respect my ideas, decisions.. good luck to me

Who is paying the rent, are you renting the flat out now and not living there?

Changingplace · 26/10/2022 22:07

Posted too soon, if you sold the property you’d need to figure out what proportion your brother is entitled to from your fathers share.

PuggyMum · 26/10/2022 22:10

Well worth paying the £3 so you know exactly where you stand.

You and your dad should have been given independent advice from separate solicitors at the time with the recommendation to write wills - it seems this was not the case? Are the solicitors who dealt with the purchase still in business? They may know if your dad made a will.

Pansypotter123 · 26/10/2022 22:14

Are you in England/Wales?

Soontobe60 · 26/10/2022 22:14

I’m assuming that there is no mortgage on the property here.
First, you need to find the legal documents you had when you purchased the property. They will indicate HOW the property was owned. As I said earlier, they will say if it’s as joint tenants or tenants in common. Finding out which one is very important.
Joint tenants would mean that on your DFs death, the whole property now belongs to you.
‘Tenants in common means that you still own your initial share, but your DFs share form part of his estate. He died without a will so his estate will go to his wife if he was married at the time of death (which you say your mum had already died) or his children in equal shares.
Before deciding what to do next, you really could do with speaking to a solicitor.