We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Tenants in common not agreeing on asking price

Carrying-on
Carrying-on Posts: 14 Forumite
edited 7 December 2012 at 3:13PM in House buying, renting & selling
Hi.

This is a bit hypothetical but I'm worried that it will eventually become a real problem.

My parents each had an equal share in the family home. They were tenants in common not the more usual joint tenants. In my father's will his half was left to my siblings but the house was left in trust so that my mother could continue to live in the house without fear of her children forcing a sale of the house.

My mother I know intends to leave her half to me.

When it comes to it if there is disagreement about the asking price, or the final sale price, how are these things decided? I fear my well-off siblings may be happy enough to go for a quick sale just to generate some cash whereas I need every penny I can get.

Edit: My subject title isn't right as when it comes to selling my mum's house her children won't be tenants in common for the property but just people with a share in the sale proceeds.

So, how do any people with a separate share in a house sale ever settle major disagreements about asking prices/sale prices? Can someone insist a house is sold at the valuation of a surveyor for example?

Comments

  • RAS
    RAS Posts: 36,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This very much depends on the terms of the will. It may be that the executor actaully does the selling and then distributes the estate.
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    This very much depends on the terms of the will. It may be that the executor actaully does the selling and then distributes the estate.

    But as my mother only can leave a half share of the house could her executor really be enabled to have the responsibility for the sale of the whole property?
  • xylophone
    xylophone Posts: 45,916 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you mean that your father's will did not leave his share of the house to the siblings but the sale proceeds of his share of the house?


    Presumably there is a trustee of the interest in possession trust so that when your mother dies that trustee and your mother's executor will sort out what is to happen?

    Does your mother's will specify that you are to receive the sale proceeds of her share?
  • xylophone wrote: »
    Do you mean that your father's will did not leave his share of the house to the siblings but the sale proceeds of his share of the house?


    Presumably there is a trustee of the interest in possession trust so that when your mother dies that trustee and your mother's executor will sort out what is to happen?

    Does your mother's will specify that you are to receive the sale proceeds of her share?

    Unfortunately the only question I can (sort of) answer is the last one. My mother justs says she's leaving "her half" to me.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.7K Banking & Borrowing
  • 254.2K Reduce Debt & Boost Income
  • 455.1K Spending & Discounts
  • 246.8K Work, Benefits & Business
  • 603.3K Mortgages, Homes & Bills
  • 178.2K Life & Family
  • 260.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.