My Brother Can't Afford to Buy Me Out of My Share of the House

Mrs-D_2

My Mum passed away 3 years ago and left her house to my brother, my sister and myself in her will. As it was my brother's home anyway he wanted to continue living there and buy my sister and myself out of our thirds. He applied for a mortgage but was declined because of a discrepancy on his credit report. He has now sorted that out and when I asked him a few weeks ago when he could apply again he said technically he could now as his credit file is ok but he can't afford a mortgage. What am I to do? I'm a single Mum with 3 young kids who is at risk of homelessness because my current landlord wants the house back and I have no money because it's tied up in Mum's house and he's a single bloke living in a large 3 bedroom house with a lodger (who I wasn't consulted on and doesn't actually have a legal tenancy agreement). It just seems unfair that he seems to have gained the house and pays only £200 a month for Mum's mortgage while I'm struggling. I've always been the soft one who lets people walk all over me just to avoid any arguments or upset but I'm gonna have to do something to put this right but I just don't know what is best or where to start?! My sister owns her own house now with her boyfriend and doesn't seem bothered by any of this

BigAunty

As a joint owner you can take up occupation in the house. If he and your sister object to selling it, you can take them to court to get an order to sell it.

pleasedelete

Evict the lodger- you and children move in with your brother. they will have to share a bedroom (is one big enough for 3?)

Or sell the house and you get a 3rd each. I assume you were left a 3rd of the assets - it should have been settled years ago.

How can your mother have a mortgage is she is dead? sounds like probate etc hasnt been done?

BigAunty

Also, if you are on benefits, check on the benefit forum whether the equity in the property may cause you any problems if universal credit is bought in.

Lastly you could see if there is any chance you might secure an occupation order that will allow you and your kids to live their until the youngest turns 18. Not sure if that is feasible, a solicitor may know. See the shelter website for information on occ orders.

BigAunty

pleasedelete wrote: »

How can your mother have a mortgage is she is dead? sounds like probate etc hasnt been done?

Good point. How does a lender deal with this when notified of the death of the owner?

Mrs-D_2

We have done probate but I don't understand what it's all about really. I don't know why the mortgage lenders have allowed us to continue paying the mortgage in Mum's name but they have! Also, I only learned today that we should have changed the details on the Land Registry. Didn't have a clue about that so don't know what else we should have done that we haven't!

In_For_A_Penny_2

Mrs-D wrote: »

We have done probate but I don't understand what it's all about really. I don't know why the mortgage lenders have allowed us to continue paying the mortgage in Mum's name but they have! Also, I only learned today that we should have changed the details on the Land Registry. Didn't have a clue about that so don't know what else we should have done that we haven't!

My understanding was that in these circumstances, the mortgage is transferred to the person/persons living in the property as outlined on the will. Are you sure its still in your mothers name?

To answer the bigger question, have you any idea of the value of the property? Assuming it has risen since the initial mortgage, the LTV may have altered significantly and may influence your brothers options when it comes to remortgaging.

lonestarfan

How do you know your mother left the house to the three of you? Was there a legal will then? I am surprised that there is a mortgage in your mothers name. Are you sure that it wasn't in the joint names of your mother and brother and is now just in your brothers name? You do need to find out much more info to get this sorted out and to get what you believe is rightfully yours which you will find difficult as you say you don't like the conflict. So perhaps look on it as a challenge to step up and do something outside of your comfort zone which is important for you and your children. Good luck with it.

Mrs-D_2

Yep it's still in my Mum's name as I get a letter from the mortgage company every 6 months asking me to contact them to discuss repaying the arrears and it's addressed to me as "The Personal Representative of Mrs xxxxx"

We think it's worth about £115k but could be quite a bit less as it's not in a great location and needs a lot of work doing to it. I would have expected in the past 3 years of living there that my brother would have looked after the place better and fixed the faulty lighting in the kitchen, painted the bare plaster and at least put some kind of flooring down in the bathroom instead of bare boards! And the garden is so overgrown he can't even hang his washing out on the line. Does make me sad

Mrs-D_2

There was a legal will and it was written that the house be left to all 3 of us. My brother definitely wasn't on the mortgage with Mum.

I accept the challenge!

Mrs-D_2

I did warn him the other day that I might have to move myself and the kids in. He was a bit shocked but more concerned about his lodger saying he couldn't just kick him out (well I could!) and also the third bedroom is full of his junk lol. Not sure my dog and his cat would get on either hehe