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

ruggedtoast

As it doesn't sound like your mother will do anything that would leave your brother homeless after her death, it doesn't sound like there is much you can do other than share ownership with him and see if you can force a sale through the courts.

Running_Horse

Mojisola wrote: »

I don't think this is very fair! The problem is with the idle brother, not the OP wanting to take money from the mother.

I would be annoyed if a parasite relative also took over the family home because, despite being a half owner, it would be very difficult to get him out.

But it's not the OP's house (yet). As to fair, who are we to judge? There may be all kinds of family stuff we know nothing about. The mother has made her will, and in my opinion made the mistake of discussing it with anyone. What would the OP have us do?

tallyhoh

I'm afraid the idle brothers share in the home won't affect his benefits if he's actually living in the property. It would if he lived elsewhere, it would be counted as capital.

This is only a vague thought but what if your mom left a will stating that you & your brother could only inherit the house on condition that it was put up for sale within six months & the proceeds divided. Otherwise it would go to the cats home? something along those lines?

Mojisola

Gulfswinger wrote: »

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?

Running_Horse wrote: »

But it's not the OP's house (yet). As to fair, who are we to judge? There may be all kinds of family stuff we know nothing about. The mother has made her will, and in my opinion made the mistake of discussing it with anyone. What would the OP have us do?

Well, he's asked for suggestions so that he can plan in advance if, when his mother dies, she still has the house to leave to them. If you can't answer this question in case there's other family stuff we don't know about, you can't answer many questions asked on these forums. Information has to be taken at face value.

ZARA

ye but shes not dead ye shes still alive the poor woman & there already fighting over her worldly possessions, i hope my kids dont do that, is that what you get for changing !!!!!! nappies, stopping up all night & making sacrifices, some people have no respect for there parents, i think its disgraceful

teajug

ZARA wrote: »

ye but shes not dead ye shes still alive the poor woman & there already fighting over her worldly possessions, i hope my kids dont do that, is that what you get for changing !!!!!! nappies, stopping up all night & making sacrifices, some people have no respect for there parents, i think its disgraceful

Sadly there is a lot of greedy about with siblings, well you know, what goes around comes around, they will only realise it when they get to old age as well. :cool:

Ulfar

It is up to the mother what she does with her possessions at the end of the day, we only have one side of the story.

Look at it from the brother's side and not only could he have lost a parent but would then be faced with being homeless if the OP got to sell the house.

If the mother has to go into a home her house cannot be seized while there is a direct blood relative who lives there and it is their home.

It will also not affect the brothers benefits as your primary residence does not count as capital for benefits.

Mojisola

Ulfar wrote: »

If the mother has to go into a home her house cannot be seized while there is a direct blood relative who lives there and it is their home.

I think this only applies if the relative is over 60 or disabled.

cheepskate_2

oldtractor wrote: »

We were in a similar situation OP with my late MIL. Her younger son lived with her and lived off her. When she died she left all she had to him ,apparently it was because he "needed" her and the house to live in whereas her elder son had married [me] and had therefore "left" her and was able to make his own way in the world,with another woman, [me,his wife]. He received nothing,not a penny. BIL got the lot.
Sorry this doesnt help you ,but it does show how bizarre some people think.

Not so bizare, maybe this was done so he would not be turfed out and homeless.

My OH's mother did this, same as your mil, as he hadn't moved out and all other siblings had their own house/tenancy

Not one of the family queried it or !!!!!ed about it. It safeguarded a sibling.

I just find when money is involved, people assume they should get half etc, wish everybody would take on the care of the elderly parents as quickly as they put their hands out for the inheritance.

Ulfar

Mojisola wrote: »

I think this only applies if the relative is over 60 or disabled.

Already checked into this as had elderly relative it can be any direct blood relative up to grandchildren if they were your carer.

Councils will try to con you on this one.