Can I force the sale of my late mothers house?

rosyw

wannawanna wrote: »

just not under my mothers roof.

I know this is going to sound very harsh, but it's NOT your mothers roof any more.
As others have said, grief affects us all in different ways, we all have to work out how to deal with it in our own way. Early last year my partner of 34 years passed away very suddenly, leaving me living in what had been our family home for over 20 years. I am in the process of selling up (hopefully complete in a couple of weeks), one of my daughters totally understands that I simply can't stay here, there are too many reminders, and if I stay I will never be able to move on with my life, my other daughter simply doesn't want me to leave the place, BUT, they both understand that it is now MY house, to do what I want with, and I know my OH would not have wanted me to stay here and be unhappy. So, if you need to sell, take your mother's partner up on his offer to buy you out, walk away from it and get on with your life, sounds to me like you need to be able to let go, and this is possibly the best way forward for both you and your mothers partner.

BitterAndTwisted

Your dismay at the partner's behaviour is understandable but not pertinent. It's just not any of your business what he does, whether he's grief-stricken or not.

Agree to him buying out your shares or force a sale but please don't do it just to punish them because you disapprove of his behaviour. You're not the morality-police, thank goodness

loubel

Forgive me if I'm wrong, but as I understand it you and your brother own this house and are currently allowing your Mother's partner to live there rent free and without a formal tenancy agreement?

It sounds like whatever arrangements you decide in the future regarding selling to him or to someone else, you need to put his current occupation onto a more formal basis so as to protect yourselves.

poppy10_2

loubel wrote: »

Forgive me if I'm wrong, but as I understand it you and your brother own this house and are currently allowing your Mother's partner to live there rent free and without a formal tenancy agreement?

The mother's partner doesn't need a tenancy agreement. He is the houseowner, as is the OP and the OP's brother. They all have the right to live in the house rent-free, and there is no mortgage to pay.

oldMcDonald

Why is it just you and your brother on the deeds if your mothers partner was left 32%. I understand that it was changed to your names when mothers ex was removed from them, but I don't understand why her partner wasn't put on them if it was also left to him?

Sorry if silly Q, I've not known anyone in this situation before and don't know how it works!

loubel

wannawanna wrote: »

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 understanding from the above was that the OP's Mother and Ex-Husband owned as Joint tenants and so on her death he automatically became sole owner, but that the Court ordered that the house be transferred to the children and grandaughter. I've seen no mention of the partner becoming an owner...

southantrim3

Take the 30% and walk away.

sammyjammy

loubel wrote: »

My understanding from the above was that the OP's Mother and Ex-Husband owned as Joint tenants and so on her death he automatically became sole owner, but that the Court ordered that the house be transferred to the children and grandaughter. I've seen no mention of the partner becoming an owner...

See OP, partner owns 32% after ex husband signed over ownership.

Radiantsoul

If his offer is fair I would accept it.
It is up to him how he lives his life and he isn't cheating on your mother by having a few casual relationships.

goldbyron

I would accept his offer. It is clearly a very emotional time made more difficult by the distressing memories. However even if you did place the house on the market it could take ages in the current climate and he could also easily put off viewers and be difficult. You would be best to take his money and walk away and remember the happier times with your mother that are not linked to that house and her partner.