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

Gulfswinger

tyllwyd wrote: »

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?

Thank you tyllwyd but the house she has is only worth about 125k so nowhere near enough to buy 2 properties and equally she is very happy in her home and wants to stay there for the rest of her days, even if she does have to share.

googler

What happens if/when your mum needs to move to a long-term care home and the house has to be sold to finance this....?

carefullycautious

The lazy barstewards needs a good kick up the ****

Is you mother frightened of him? She sounds as if she need help to get him out as she is not doing him any favours he should be ashamed of himself

BitterAndTwisted

In which case you should tell your mother to leave the entire house to your brother as that would be the quickest route to him getting it without causing you time, effort and heartache just to end up with the same result but impoverishing you in the process.

Gulfswinger

googler wrote: »

What happens if/when your mum needs to move to a long-term care home and the house has to be sold to finance this....?

With having my brother and his girlfriend living there, my mother will never need to move into long term care apparently, they have said that they will look after her! This actually raises a whole extra potential problem as going into care would have to be my mothers choice, or potentially my brothers as he lives with her. My brother is never going to let my mother go into care when that could potentially mean the sale of the house which would in turn make him homeless.

Gulfswinger

BitterAndTwisted wrote: »

In which case you should tell your mother to leave the entire house to your brother as that would be the quickest route to him getting it without causing you time, effort and heartache just to end up with the same result but impoverishing you in the process.

I appreciate that, and it has crossed our minds. It just seems such a pity to let someone so undeserving get away with taking advantage all his life. And ultimately to end up financially better off than much of the rest of the country that struggles on working every day and is now working further and further into old age. My mother will have to work until she is physically unable to, yet my brother will basically never have worked a day in his life and will end up with a mortgage free property.

Mallotum_X

Can you not ask your mum to put into her will that her assets are to be sold and the proceeds divided 50:50, rather than leave you the house directly. If her intention is to help your family then you need make sure that she understands that by not making her intentions clear then she could cause trouble between you and your brother.

A way of making someone else the scape goat would be to leave say 10% of the value of the house to a big charity. Charities are usually very agressive over pursuing assets and no doubt you would have no objection to them working on kicking your brother out. At least that way you dont get the blame, but would lose out on some value.

It sounds like whatever happens this will be very messy, the earlier it can be sorted out the better.

tommygirl3

'Is you mother frightened of him? She sounds as if she need help to get him out as she is not doing him any favours he should be ashamed of himself '

It's easier said than done. These type of comments aren't helpful to the OP.

zzzLazyDaisy

Your mother can, if she wishes, state in the will that the house is to be sold and the proceeds divided equally between you and your brother.

She can even state that he must vacate the house within (say) two months of her death, and the house then sold.

Yes, he might be difficult and uncooperative, but the executors would have to follow your Mother's wishes, including going to court to force him out in order to sell, if necessary. The costs associated with that would come out of your brother's share.

In any case, your mum is still relatively young. She might live another 20+ years yet. She may even sell up and spend the money before she goes (I fully intend to spend my son's 'inheritance'!!!)

lovinituk

I don't fully understand the benefit system but if your brother is not ill or disabled how is he being allowed to get away with continuing to claim benefits? Why is he not being forced to take a job at risk of losing his benefits if he doesn't?

Or is he not claiming any benefits?