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Can I force the sale of my late mothers house?

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Hi,

I need some advice.

My mother died almost 18 months ago and left a will stating that myself, my brother, my mothers partner of 15 years and my daughter were left her house, split 4 ways,

Myself 30%
My brother 30%
My mothers partner 32%
My daughter 8%

There was NO mortgage on the property and the deeds were in my mother and her ex husbands name. The deeds are now in the names of myself and my brother. My late mothers partner has not paid towards the house other than utility bills.

My mothers partner still resides in the house and maintains the utility bills. He has offered to buy out my share of 30%, however, it is not my share that I want.
I want to sell the house as it bares to many emotional attachments to my late mother. My mothers partner would like to move on and has taken a series of ladies back with him after drunken nights out, this has caused several arguements, I think its extremely disrespectful to my late mother.
I understand that my late mothers partner needs to move on in his life, but I don't want him having another woman living in my late mothers house, which I part own.


I would like to sell the house so that none of us live there and to go our seperate ways and move on with our lives at our own pace.

I can't go on with things the way they are.


Advice please????
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Comments

  • Bonny1
    Bonny1 Posts: 136 Forumite
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    Sorry for your loss, but it does sound like your trying to punish you late Mothers partner, by forcing the sale of the home.

    Why not let him, buy you all out, and you all walk away.

    How old is your daughter ? if your daughter agree's with you, you together would have the controlling asset, and could maybe Force a sale through that way...

    it's a difficult one sweetheart, and I wish you luck..

    Bonny
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    Combo Breaker First Post
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    he has lost his partner

    people behave oddly at such times, including inappropriate relationships

    and you also want to evict him from the stability he has?

    why are the deeds in your nad your brothers names when partner owns a sizeable share? I don't understand (legally) how that happened?

    My advice is to stop visiting the house, take the money, ask for any keepsakes you would like, and stop fretting over things you cannot control.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Oldernotwiser
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    Who is the executor for the estate?
  • beth58_2
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    I agree with Bonny1 and offer my sympathy to you and your family.
    If your mothers partner has offered, let him buy you, your daughter and brother out and walk away from it. Remember to include furnishings in the valuation though.
    Beth :)
  • wannawanna
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    The executors are my mothers half sister, who is agreeable with me and my mothers partner. The will has been dealt with.

    The house is in mine and my brothers names as my step father (mothers ex husband) was entitled to the house upon my mothers death and after a lengthy and costly court battle my step father eventually signed the deeds over to my brother and I.
    (My step father beat my mum so badly she was in a coma, she divorced him but never dealt with the house deeds, we were unaware of this until after her death, my mother was a very wealthy woman until she married my step father, he was an alcohol and drug abuser and left my mum in considerable debt, hence the court battle forbidding him from benefitting from my mother financially ever again).

    My daughter is 14, her share of the house is held in trust until she reaches 21 years of age.

    I am not punishing my mothers partner in the slightest, if you knew the full story you wouldn't think I was, it'd take me months to type it up on here too and this place isn't really for such personal stuff, I think I have explained enough. My mother was only 56 when she died, her partner if 46 now so hopefully has a very good few years left ahead of him to move on and meet another lady, just not under my mothers roof.
  • poppy10_2
    poppy10_2 Posts: 6,575 Forumite
    Name Dropper First Post First Anniversary
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    wannawanna wrote: »
    I don't want him having another woman living in my late mothers house, which I part own.
    It's not up to you, even if you do have an ownership stake in the house.
    poppy10
  • poppysarah
    poppysarah Posts: 11,522 Forumite
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    wannawanna wrote: »
    Hi,

    I want to sell the house as it bares to many emotional attachments to my late mother.


    sell him your share.

    Do not visit the house.
  • tawse57
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    I am sorry about your loss.

    I am confused - is the step-father who assaulted your Mum also the partner who is currently in the house and whom you wish to force to sell? Or is the partner a different chap.

    You know, as others have said, grief is a terrible thing and it affects people in all sorts of different ways. People often act in totally unexpected ways when grieving and, well, just bear this in mind. For some people selling a house that they shared with a partner or parent can be very traumatic.

    I have no practical advice to offer you but just wish you all the best.
    This is not financial nor legal nor property advice. Consult a paid professional if in doubt.
  • BornAtTheRightTime
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    wannawanna wrote: »
    not under my mothers roof.

    The posters above are giving sound advice to sell up and move on. You will be able to take it once you have accepted that it is no longer your mother's house.
    3.9kWp solar PV installed 21 Sept 2011, due S and 42° roof.
    17,011kWh generated as at 30 September 2016 - system has now paid for itself. :beer:
  • BornAtTheRightTime
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    wannawanna wrote: »
    I can't go on with things the way they are.
    Advice please????

    It takes time to deal with the death of a loved one and you don't appear to have fully come to terms with your mother's passing. Give yourself more time to grieve and don't go burning bridges whilst still in emotional turmoil.
    3.9kWp solar PV installed 21 Sept 2011, due S and 42° roof.
    17,011kWh generated as at 30 September 2016 - system has now paid for itself. :beer:
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