selling house that i dont own

alfe

i tried looking through document via link but i found it too full of gobbledeegook to understand without aid of lawyer

people from council came round and agreed that adaptions could not be made to property for mum to use stairlift of convert to downstairs living

however i am now thinking (as i have nothing to gain and my brother has everything to lose) to see if the council will pay for her care and rent package secured on the value of her share of the house.
hopefully thinking that any legal fees would come from house in a court battle as it will not affect my mum as she would have passed on and my brother might just might come through with a sensible offer as he would be the loser in the end

cattie

alfe wrote: »

additional details
My mum, dad, and my brother bought house from council at the maximum discount and when prices were low in 1995
each owner paid £9000 for share of the house
dad passed away in 2008 so his share automatically passed to his spouse(my mum)
so my brother has only ever paid £9000 and maintenance costs for house which he now trying to get on the cheap at the expense of my mother.
I was never invited in on this bargain of a deal as i had moved out years ago to be with my family

But by the same token, your mother & father only paid £9000 each for the house & I don't suppose you think that your mother is trying to get a house that cost a total of £27k & has a current estimated value of £250k on the cheap? It's the opposite side of the coin & not fair to accuse your brother of doing something that you wouldn't acccuse your mother of. Your mother has the lions share here because she inherited an extra third of the value. No doubt when your parents & brother bought the house it was with a view to it offering a rent free roof over all their heads for the rest of their lives.

If it's annoying you that your brother be allowed to continue to live in his home, then the fairest way to go about it is either to allow him to buy out your mother at a price that she feels is fair & honourable, or for her to come to some arrangement with your brother for him to pay some rent on the share he doesn't own. Surely you can't be so mean as to wish your brother to lose his home? I shouldn't think this is what your mother would want, after all, she has been lucky enough to secure sheltered accomodation, so will never have to worry about someone coming along to evict her, unless she ever decided to stop paying rent of course.

Ulfar

I am struggling to see what the OP hopes to gain in any of this, unless there is some bad blood between him and his brother.

If the council force the sale of the property it will in no way benefit the OP, all of the money will go towards the council residential fees with the brother getting his third. As I have already pointed out if the brother was caring for his mother prior to her needing care that couldn't be provided at home then the council should not take her assets into account while he is living there as he was her carer and is a blood relative, but that is a fight for the brother.

This would actually be a good outcome for your mother as well as she wouldn't have to pay any fees if the above was recognised.

The brother has lived there as a part owner and paid towards the maintenance of the property, what more was he supposed to do. Why should he have paid rent, the property was originally owned by three parties with an even three way split.

The mother ended up with two thirds due to inheritance and when the property is sold she will receive two thirds of the price. Has she also paid two thirds of any maintenance required as well.

You stated your mother was disabled but I assume this is physically and not mentally, this being the case why would you need power of attorney surely it is between your mother and your brother as to how this is settled, the only other party with an interest is the council. I say this as someone with a disabled mother who gets very angry when people equate physically disabled to mean mentally disabled as well.

From your figures the property is supposedly worth £240 000, you have seen the housing market recently and when councils force a sale they go for what they can get quickly. This will make no difference to your mother or you as they will take whatever money and put it towards the care fees until it runs out. She will not be able to give you or anyone else any of this money as that would be seen as disposing of capital.

I do have some sympathy for your brother as he is living in his home and you want him to move or pay lots of money to stay there, something which he may not be able to do.

alfe

no way is my mother trying to pull a fast one
in fact she is a danger to herself financially
she has not got a clue abiut how money works at all

my brother lived with her only /not in a carers role

my mother spending £200 month more than what shes getting in
soon har accessable assets are going to run out and she will not be able to pay for her care
this is why the house needs to be sold or sensible offer made before my mum ends up mentally incapacitated or worse