Can I sell half a house with my brother still living there!.

Gulfswinger

I've recently come across a very sad situation regarding my mother and her intentions relating to her house after she dies (there is no mortgage).

At the moment my brother lives with my mother along with my brothers girlfriend, we have no other family. My brother hasn't worked in 20 years and has no intention of ever working again. His girlfriend works in a shop. My brother claims benefits and has done for most of his life, he has no disability or reason why he can't work apart from the fact that he is plain lazy and is quite happy to live off our mother until she dies and leaves us the house. He has made this clear. Unsurprisingly me and my brother don't talk!

The problem is that my mother has decided to leave the house jointly to my brother and I, which I forsee as causing a lot of problems. My brother will clearly never leave the house intentionally. He will never be able to raise a mortgage to buy me out I imagine as he has no income and his girlfriend only has a relatively low income with no deposit. His only assets will be his half of the house. He will never pay me rent and basically intends to stay in the house rent and mortgage free forever.

I obviously would like to realise my inheritance and to use the money to help my own family. So my question is, what should we do? How could my mother arrange things so that we each receive half the value of the house on her death? Also note that my brother would burn the house down to spite me if i tried to evict him rather than cooperate with any sale! Negotiation won't be an option.

Can my mother sell half the house now and invest the money elsewhere, thus leaving my brother his half share of the house but also leaving him to sort out his own affairs? I'm conscience of the fact that I could end up losing any inheritance in legal fees anyway if it drags into a long legal battle. (the house is probably only worth £125k)

We really don't know what to do and just want to get everything sorted so that my mother can relax and know that she is not creating more potential problems. Thanks in advance for any advice.

sonastin

If your brother owns half of a house his entitlement to benefits will be severely curtailed. The threat alone might help him to see reason and understand that negotiation is a better option.

BitterAndTwisted

It's not possible to sell half a house. Everything depends on how old your mother is and whether she would be able to remortgage and give you your half-share in cash adn then leave the whole property to your brother. When she dies the property would need to be sold to settle any mortgage on it. Hey presto! Brother out on his ear and having to make his own arrangements with what cash is left..

Gulfswinger

Thank you! She's 68 but still working (as she needs to pay for my brother!). Could she remortgage at that age?

BitterAndTwisted

It's very unlikely indeed that your mother would be able to raise a mortgage at that age. Perhaps she could look into some form of equity release? Most of these are not a good deal for most people.

Naturally, it doesn't necessarily follow that if she own this property outright that you and your brother will automatically inherit anything when the time comes. All of the equity could be swallowed up by care-home fees if your mother suffers serious ill-health in the future.

This is all begging the question of why your brother is such a parasite, why your mother is still working to support him and whether he has any mental disability. I cannot understand how, if he's fit and able, why your mother is still supporting him at her age. Is she under some form of duress?

Gulfswinger

Basically yes! He bullies her mentally and my mother hasn't got it in her to throw him onto the streets. No matter what he does he's still her son... The only mental disability he has is his severe aversion to working or supporting himself. It's a very sad situation, and to avoid conflict I haven't been able to visit my mother at her house for over 10 years. My brother very rarely if ever leaves the house.

As regards the care home situation, that is part of my brothers defence for living at the house, apparently as he and his girlfriend live there my mother will never have to go into a home!

BitterAndTwisted

Crikey, so not only is your mother an enabler, she's a guilty one at that. Obviously there is absolutely nothing you can do about the current situation.

If and when you inherit this property you will have three possible courses of action:

Sell your half-share to your brother.

Buy your brother's half from him. He will then be in receipt of assets which will severely impede his entitlement to benefits.

Go to court and force a sale. The outcome will be the same as before.

OR of course your mother could leave the entire property to a charity which would force your brother out and he would get nothing. Nada. Zilch. Or just leave his "half" to the cat's home and the outcome would be the same.

Is there any way that you could persuade your mother to seek impartial professional advice about this?

googler

Has your mother made her will, explicitly stating that the house will be left to you and your brother jointly?

If not, then you need to talk her into making the will such that her estate, once all assets (including the house) have been sold, is divided equally between you.

Does she visit you, or do you meet her somewhere remote from her home?

Gulfswinger

Bitterandtwisted - That is exactly the issue!

I would love him to buy my share but 1, why would he when he can live there for free and 2, even if he wanted to who would give a mortgage to someone with no income?

If I bought his share I would still have to get him out of the house. He will not leave of his own accord and will not make it possible for me to sell the house. I couldn't afford the legal costs to evict him. Again all he wants to do is to stay in the house for the rest of his life and never pay a penny.

If I went to court to try and force a sale he would make the house unsaleable and would refuse to cooperate. How do you sell a house when the tenant (who owns half the house) refuses to let anyone in? Or worse damages the house to the extent that no-one would buy it?

Regardless of what he does my mother still wants to share everything equally between us so would never give his share away.

I'll try and persuade my mother to seek independent advice but i think she's secretly hoping we will be be able to sort it all out ourselves!

Gulfswinger

Thank you googler, yes the will states that the house will be left jointly to my brother and I. The only problem with stating in the will that the house must be sold is that he will be so uncooperative as he doesn't want to leave.

I see my mother often and we have a good relationship, she visits me or I meet her elsewhere.

tyllwyd

It probably isn't a practical option, but could your mother possibly sell the house now, and buy two properties, one for her (and ultimately you) and one for your brother?