We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Can I force the sale of my late mothers house?

13

Comments

  • mlz1413
    mlz1413 Posts: 3,044 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP - from what I understand the partner is only offering to buy out you, ie your 30% share. So this would leave:
    Partner - 62%
    Brother - 30%
    Daughter - 8%

    How does your brother feel about this?
    Can partner buy out your daughter 8% too so that you don't have any dealings with house / partner again?
    Can you & brother afford to buy out partner?

    My step-dad is in a similar position apart from their being a clause that he may not live in the house with anyone else, so taking away the emotional problems you are experiencing.

    I'm guessing that you may live very close to your mothers house so the partners lifestyle is 'on show' so to speak. If not how much contact do you all have? and are you all enable to talk to each other? could this be resolved amicably?
  • clb776
    clb776 Posts: 647 Forumite
    Why does he not have to pay rent? The house is owned by more than one person now, it is fair that he should pay rent on the property (68% of the rental price for similar properties) Otherwise why can't one (or both) of the other owners just decide to move in and live there too?

    I know it must be very upsetting for you, If he has the funds available to buy you out, then it is unreasonable to demand it is sold to a third party. (I wouldn't like it either, but it will still be your mothers home, what if the new owners don't look after it etc ? )
  • Radiantsoul
    Radiantsoul Posts: 2,096 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    clb776 wrote: »
    Why does he not have to pay rent? The house is owned by more than one person now, it is fair that he should pay rent on the property (68% of the rental price for similar properties) Otherwise why can't one (or both) of the other owners just decide to move in and live there too?

    The other owners can move in if they choose...
  • poppy10_2
    poppy10_2 Posts: 6,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    clb776 wrote: »
    Otherwise why can't one (or both) of the other owners just decide to move in and live there too?

    They can, if they want to.
    poppy10
  • clb776
    clb776 Posts: 647 Forumite
    So they can move in when they choose, but he does not have to pay rent to the other owners of the property? Could this be a stipulation of the will or is there a legal reason for this?
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Why does an owner have to pay rent?! He is not a tenant...
  • pimento
    pimento Posts: 6,243 Forumite
    Part of the Furniture 1,000 Posts
    Jowo wrote: »
    Why does an owner have to pay rent?! He is not a tenant...


    He should pay rent on the part that he doesn't own. That's how all shared ownership works.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • clb776
    clb776 Posts: 647 Forumite
    Jowo wrote: »
    Why does an owner have to pay rent?! He is not a tenant...

    my understanding of it would be that he is a tenant of the other owners of the property (they own it, he lives there), although I suppose this is why they could move in if they wanted to, I just wondered if there was a legal reason for this. I know nothing about things like this, I just think it is a little unfair, and I wondered how it works.
  • Radiantsoul
    Radiantsoul Posts: 2,096 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    clb776 wrote: »
    So they can move in when they choose, but he does not have to pay rent to the other owners of the property? Could this be a stipulation of the will or is there a legal reason for this?


    The ex-partner has a beneficial interest and this confers a right of occupation.
  • Radiantsoul
    Radiantsoul Posts: 2,096 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    pimento wrote: »
    He should pay rent on the part that he doesn't own. That's how all shared ownership works.

    Not necessarily. Husbands and wives don't pay one another.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.2K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture