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Can she force brother out?
cormskie
Posts: 13 Forumite
Hi, my brother has lived in the family home since 2005. Now my mother has passed on and my father is in a care home, so he lives alone in the property.
He is named on the deeds of the house with myself and my sister.
My sister wants to force my brother out of the house so that it can be rented to help with my fathers care home costs because she says my father still has 'residencial rights' to the property although his name is not on the deeds.
Can she do this? thanks
He is named on the deeds of the house with myself and my sister.
My sister wants to force my brother out of the house so that it can be rented to help with my fathers care home costs because she says my father still has 'residencial rights' to the property although his name is not on the deeds.
Can she do this? thanks
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Comments
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She really wants to make her brother homeless?0
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You might be able to do so but more likely on the basis that you are a part owner and you want to sell. You may well have to go to court and that will cost a lot.
When the house was put in the three names did nobody consider what might happen if the others wanted to sell and the brother wanted to stay?RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
My sister wants to force my brother out of the house so that it can be rented to help with my fathers care home costs because she says my father still has 'residencial rights' to the property although his name is not on the deeds.
If the house belongs to you and your two siblings it shouldn't be taken into account when your father's liability to pay for care is assessed.
Talk the situation over with AgeUK - they'll tell you your father's rights.0 -
He cannot be forced out of the house. She might be able to force a sale, but the father is irrelevant to that.
This assumes the father has no rights to the house at all (he may have established a beneficial interest in a number of ways, although actually claiming that might not be a good idea if he is going into care because it might be sold to help pay for basic state care).0 -
thanks for info0
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See this other thread by OP for fuller background information
https://forums.moneysavingexpert.com/discussion/35078090 -
Perhaps the brother should be paying rent against everyone else's share of the house e.g. 66% of fair market value? Would that not solve the problem?If you don't stand for something, you'll fall for anything0
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RobertoMoir wrote: »Perhaps the brother should be paying rent against everyone else's share of the house e.g. 66% of fair market value? Would that not solve the problem?
Thats the fairest answer.Be Alert..........Britain needs lerts.0 -
who has mentioned residentia rights, the council or your sister?
when was the house transfered into your names? the council can still apply a charge if they feel that the transfer was to avoid care home fees.Be Alert..........Britain needs lerts.0 -
Having seen these recent cases, > http://www.bbc.co.uk/news/uk-scotland-highlands-islands-15725715
http://thesun.mobi/thescottishsun/news/3936178/Horror-as-denture-op-granny-dies.html?mob=1
I would not be relying on council run care home. I would be selling the house to fund better treatment for my father."A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:0
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