Does brother have share of house?

monty-doggy

I think you need some serious legal advice, not just from a property point of view but from a probate and wills pint of view too. If he is disputing his 'share or interest' from an inheritance point of view things can get complicated. However as the property was not legally theirs, I'm sure he wouldn't be entitled.

As an example, if they privately rented a house from a non related LL he would be expected to pay the rent as per the tenancy if he stayed their after they died. Essentially that's what this is!

Guest101

Is there no way to cacth him on criminal trespass? It's a long shot, but technically once asked to leave his right to access is gone.

There's no tenancy, and if he tries to squat there, i believe that has been made a criminal offence is residential property?

Mojisola

someonesmum wrote: »

We now believe my uncle isn't interested in fighting for a tenancy, but he is fighting for beneficial interested based on his view that "my parents money paid the mortgage, it should be their house, therefore I'm entitled to a third".

On that reasoning, everyone who rents property should be able to leave that property to their children!

He can't inherit something that his parents didn't own.

monty-doggy

I think his arguement is that in his eyes, his parents paid the mortgage and did not rent.

Technically this is a gain to the op.

Has it been declared as an income?

There are so many things that could arise from this situation.

someonesmum_3

Thanks again all. There was no Will and my uncle is dealing/dealt with my g'mothers estate little as there was although he refuses to show my mum or my other uncle anything to do with that. He has said he's already seen a solicitor and they've told him he has a very good case, but personally I think he's just trying scare/bulling tactics like usual.

Mojisola

someonesmum wrote: »

He has said he's already seen a solicitor and they've told him he has a very good case, but personally I think he's just trying scare/bulling tactics like usual.

The solicitor's advice will be dependent on what "facts" your brother has told him.

someonesmum_3

monty-doggy wrote: »

I think his arguement is that in his eyes, his parents paid the mortgage and did not rent.

Technically this is a gain to the op.

Has it been declared as an income?

There are so many things that could arise from this situation.

Unfortunately my mum didn't declare it as income. It was more of an informal agreement between my mum and her parents.

BobQ

Its not clear if the OP's Mum actually saw a solicitor or just someone who worked in a solicitor's office.

The OP should go to reputable solicitor and take a free half hour's consultation with a (real) solicitor which most will offer. The next step will probably involve paying the solicitor to issue a notice of eviction from the property.

As the OP's Mum has no legal insurance cover, this will involve costs and she should pay them to get the eviction process started and this alone may make the brother change his mind and leave, since he will then incur costs in disputing the eviction.

The question of ownership is a separate matter and as has been stated, the onus would be on the brother to dispute ownership. As the deeds clearly state that the OP's Mum owns the house he would need to raise this matter with some evidence to stop an eviction taking place.

Mojisola

someonesmum wrote: »

My grandparents lived there for over 35 years, they paid off the mortgage,

Did they pay your mother who paid the mortgage or did they pay direct to the mortgage company?

monty-doggy

someonesmum wrote: »

Unfortunately my mum didn't declare it as income. It was more of an informal agreement between my mum and her parents.

This is the reason I'd get some legal advice. Because it could be an offence to not declare it. If this is the case, its better your mum come forward and find out if she owes anything, rather than be 'found out' and end up in trouble!

As for legal advice, its true most solicitors give half hour free, but the co operative legal services give unlimited free advice and only charge if you instruct them. Even then they are very reasonable.

Might be worth giving them a call