Shared ownership with sibling

[Lightsonatree]

My parents left my brother and I a flat when they died.

I know the ‘normal’ procedure when one party want to sell and the other doesn’t is buying the other out but my brother couldn’t possibly buy me out. I want to sell; he doesn’t.

Do we have any other options?

Yes you both sell, unless the purpose was to house you. If just an inheritance, the default is to sell so you both get cash and can do as you wish. If your sibling doesn't agree, you can get a court order.

If they can't afford to buy you it, they don't have any other option.

What does your brother want to do with the flat if you don't sell it? Is he living there or planning to?

Default is to sell and both get whatever percentage left to each. If one can afford to buy other out that is a consideration but if not sell.

This happened to me, too. My parents left their house to my sister and me, and I wanted to sell and she didn't. I agreed to let it out until we could decide what to do.
Several years on I appreciate the income from renting it out. There have been complications, and it's been much more work for me than for my sister, but, now that we have nice tenants, I can feel a sense of peace that others are enjoying the house. It's not what I wanted at the time, but I can live with it now.

I know that's not what you're asking, but I just thought it might help.

who lives in the flat? does your brother live there? could he pay you rent for the other half? or do you need the money?

At the moment there is a tenant in the flat. Brother has the income from this as he needs it.

So in essence I could force a sale but I imagine that would involve legal parties?

so you are giving your share of the rent to your brother every month?

no wonder he doesn’t want to sell. How long has he been receiving this money?

you need to stop the arrangement and split the rent income. This might change his position.

That’s not really it. He isn’t working at the moment.

The issue is that DH and I have seen a property we might like to buy but need a bit more of a deposit.

A simple google search will give a starting point to open up a conversation :

*You cannot force your siblings to sell the inherited property, but you can apply to the court for what’s known as an “order for sale”.
It can be a lengthy and expensive process though, and you’re not guaranteed to get a sale at the end of it.

You, or your solicitor, would need to write to each sibling who owns a share of the property setting out your case for selling the inherited property.
Each sibling must be given the right to reply.

If you are unable to come to a mutual agreement between yourselves and the matter proceeds to court, the court will consider the following points in coming to a decision:

the intentions of the person(s) who created the trust
the purpose for which the property is held
the welfare of any minor who occupies/might reasonably be expected to occupy the property
the interests of any secured creditor of any sibling
This route is likely to have a lasting impact on your relationships with your siblings and doesn’t provide a guaranteed sale at the end.
Applying for an “order for sale” should only ever really be a last resort when you have exhausted all other avenues.*