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

Gulfswinger

lovinituk wrote: »

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?

I'm sure that is a whole new discussion, and I have no idea how or why the government keeps giving him money! But they do and although I obviously have no idea of the full details, he has certainly never worked in 20 years. Unfortunately on that front I also know he is not alone, and I know of plenty like him in my town alone.

Gulfswinger

zzzLazyDaisy wrote: »

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'!!!)

That was my first suggestion to my mum when this issue arose, I suggested she sell the house and go off and enjoy herself rather than working til the end of her days! Unfortunately she still feels responsible for my brother....

BigAunty

Seek legal advice to see if your mother can leave the property solely to you in her will with a clause in it, or separate contract, that you sell the property and give 50% of the profits after legal/sales costs to your brother? I don't know if this is possible but a legal expert will know.

That way the barrier of your brother's spongeing nature will be removed and your mother will have an assurance that he will be fairly treated.

Uk_Lover

I'd get her to leave the whole house to you. About time your brother got his comeuppance. If she is un-willing to do that then what about an agreement that after the sale you have to give him half but only once it's sold.
Actually sod him, get her to leave you everything !! Oh and then shop him for benefit fraud !

Mallotum_X

Family friends had a similar situation. Adult son still living at home with mum, two other brothers.

Mum died and stay at home son expected to stay.

It turned out they had done a deal years before, and one of the other sons had bought the house for the same value as an equity release scheme. i.e. discounted sale price in exchange for a lifetime tenancy with no rent to pay.

Stay at home son was kicked out pretty quick and the house was sold.

lovinituk

Gulfswinger wrote: »

I'm sure that is a whole new discussion, and I have no idea how or why the government keeps giving him money! But they do and although I obviously have no idea of the full details, he has certainly never worked in 20 years. Unfortunately on that front I also know he is not alone, and I know of plenty like him in my town alone.

Sounds like there is something dodgy about his benefits claim. What a scumbag - I feel sorry for you and your mum. Perhaps an anonymous tip off to the DWP that he is falsely claiming benefits will, if nothing else, make you feel better!

https://secure.dwp.gov.uk/benefitfraud/

elvis86

Mallotum_X wrote: »

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.

As it seems that your mum is unlikely to ever see what a scumbag your brother is, I think that this may be the best chance you have of resolving this.

Explain to her that you understand and are grateful that she wants to leave you and your family half of her estate. But also explain that if she doesn't make arrangements which will ensure that the house is sold and you get your half, then what she will actually be leaving you with is a load of hassle and upset to deal with, having just lost your beloved mum. Maybe this will make her see sense?:(

As an aside, whenever I hear of situations like this it makes my blood boil. Congratulations to the OP for managing to maintain a good relationship with her mum despite the situation with your brother.

I'm pretty sure that if I were in your situation, I would have exhausted myself trying to get my mum to see what a sponging b*****d he was, before probably having to cease contact with her. I couldn't see someone every week and not mention the brother - it would wind me up so much!:mad:

BitterAndTwisted

Eh, if he has all of his benefits withdrawn it would only place a greater burden on Mum. No-one would want to do that to their own mother, would they?

I like the sounds of Mallotum X's story. Still, if the fear of bro setting the house on fire is a real one nothing anyone does would make any difference.

lovinituk

BitterAndTwisted wrote: »

Eh, if he has all of his benefits withdrawn it would only place a greater burden on Mum. No-one would want to do that to their own mother, would they?

I was thinking this as I typed my previous post but then I thought why the hell should he get away with it - which is obviously easier for me to say than the OP.

On the other hand, cut off his benefits and perhaps it will make mum realise enough is enough when he no longer contributes!

Yorkie1

I agree with all the other posts about the will containing a clause directing the house sale and proceeds divided 50/50.

The worst case scenario in the will for the OP, is mum allowing brother to live in house for the rest of his life before the house is then sold. Can't remember the technical term for this but make sure such a clause isn't in the will if possible. OP will never get anywhere with the house otherwise.

The difficulty, though, is getting mum to draft her will in these terms - given the pressure that the brother will undoubtedly bring to bear about fairness etc etc.