Selling a joint house

FCUK

Hi


So my parents are divorced now and are looking to sell the house after the new year. However....my dad wants to sell and not my mum. Me and my brother still live at home due to the expensive of moving and finding a place. We help out each month so we don't scrounge at all. My mum works part time and just simply couldn't afford a flat, let alone a house. Me, my brother and mum are planning to stay together as quite frankly we don't want to leave our mum. So the situation is this...my brother works, but the hours are not constant. I just finished a temp stint so you can say that currently we are not working.


The house is owned out right now by my parents, both names are on the deed. My dad is being a right pig about the situation and all he is seeing is the pound signs from the sale of the house. He wants money and when he gets its, it is never enough and always wants more. We have found out that he has been sending money abroad from a joint account for well over a year now so we think he is building a nest egg somewhere. My mum doesn't drive and her work is a short 10 minute walk away and usually relies on me and my brother to get around when needed. So to move well away from her job causes issues. My dad is working after been out of work for many years due to being disabled but now he works and he works as a driver dropping off cars to companies, so he doesn't have a set spot for work. He has admitted that us 3 staying here is in our best interests and so wants us to stay but the only way we can is to buy him out...and that would roughly cost £80.000-100.000. We have no idea on how to raise that kinda money.


He can move out and live at his mums for a while until he finds a flat...there is just one of him and 3 of us. He keeps insisting we can live at my mums mum house but its impractical as she has 2 spare rooms and there is 3 of us. Me and brother are both adults can I add.


So I have told my mum quite simply don't sign for the sale of this house. Make it hard for him...ignore mediation advice and let him take my mum to court. Cause then we can let loose his actions over the years in regards to him sending money from their joint account abroad!


I need advice on how we can stay in the house for as long as and also....how to raise that kind of money in case we want to buy him out. I thought about borrowing from the house to pay him off and when it comes to the sale of the house in many years to come...that money is taken off, plus interest. I suggest that because that way it gives my mum security to stay here til her last days and that what me and my brothers main priority is.

Pixie5740

Has your parents' divorce been finalised? If so, what was decided should happen to the house? Was it decided that the matrimonial home should be sold and the proceeds split 50/50?

If your father wants to sell and your mother doesn't then he could take her to court and force her to sell. I don't know what you imagine happens in court but I doubt you'll have the opportunity to "let loose".

You've pointed out that both you and your brother are adults. Why don't you both find regular, full time employment and then buy your father's half of the property?

FCUK

Well I wish we could find f/t work, however it's not half as easy as you make it out to be!!!!!! I have been doing temp work for some time now that lasts anything from 2wks to several months. Yes divorced has been finalised.


Secondly...nothing was decided in terms of the sale of the house. He just assumed my mum would sign when it coms to the sale. And let loose was used a bit to easily. But we have points we can raise. Plus may I add even if we found f/t work....it would take years to built that money up. He wants it in one big piece, not bits each month. He just wont accept that. He rather his children be forced from this house and get the money he wants then allow us to stay and lose out on the money.

Pixie5740

If this goes to court there's no "we", this is between your mum and dad. It's odd that it wasn't all sorted out during the divorce but what's done is done.

Your mum works part time, could she start working full time? I don't know what kind of work you and your brother do but there are full time jobs out there is you can make yourself attractive to employers.

The bottom line is that if your mum is forced to sell and none of you are working full time then you'll have to rent or stay with your gran. Your gran has 2 spare rooms, that's one for your mum and one for you and your brother.

RAS

FCUK wrote: »

We have found out that he has been sending money abroad from a joint account for well over a year now so we think he is building a nest egg somewhere.

Your mum needs to sort out the situation with the joint account urgently and any other joint accounts. These should have been closed as soon as their marriage failed.

She goes to the bank and withdraws everything and closes it or them tell the bank that all further debits require both signatures.

She does have her own sole account into which her wage is paid????

When they divorced there should have been a financial settlement. What did that say?

FCUK

Well during proceedings...there was no court...no nothing really. I don't understand how it was done but my dad sorted it all as my mum didn't agree or sign anything.


My mum can work f/t when a post comes up where she is, but usually there is only p/t work where she is. And I can't imagine me and my brother can share a room. I am 24 and he is 27. Brother and sisters at that age don't share. We thought about renting yes...but considering all options its cheaper for us to stay here. And we will find a way, cut my dad out of our lives if we have to. I mean what father picks money over his kids? My dad just wants the money, that's why he is doing this. He got himself into huge debt and needs this now to help himself out. He hadn't worked for nearly 20yrs as he got injured and was classed disabled. He got lazy at home and when his benefits got cut he relied on us over and over til it got to a point where we started saying no. So he was forced to go out and find this job.

Pixie5740

Did your mum seek any legal advice during the divorce? I think she should go and speak to CAB now to find out her options and what would happen if your father forces a sale.

I don't see why siblings of the opposite sex don't share at the ages of 24 and 27. Beggars can't be choosers and this isn't Flowers in the Attic. You could always share with your mum and your brother could have a room to himself.

You should come up with some contingencies in case the sale goes ahead.

FCUK

She did seek some advice yes. But all in all, as at that stage is was just going ahead not much was discussed. It's all been done very hastily on my dads side. He didn't even tell my mum about it til the papers come through the door.


Worst option, living with my gran. I don't mine, but that's not a permanent solution. I have told her in no terms do not sell or sign. If he wants to go court let him. Dunno where he will get the money from though as now he is earning, he is spending.

Pixie5740

If he goes to court and wins then your mum could end up paying his court costs. In fact if she continues living in the property she could end up having to pay him occupational rent by virtue of the fact she continues to live in the property to his exclusion. She really needs to get legal advice.

It's all very well wanting to give your dad a big two-fingered salute but you need to be practical.

CLAPTON

your mum needs to go and see a solicitor asap

TrixA

You mention that you don't want to rent because it's cheaper to stay where you are. Given that you and your brothers are adults, I can understand why providing a cheap place for you to stay wouldn't be top of your dad's list. So this is really an issue between your mum and your dad. It does seem very odd that this wasn't sorted during the divorce and it's a good idea for your mum to speak to citizen's advice, or to her legal adviser.

You say it would be impossible to buy your dad out but has your mum spoken to a mortgage broker about options?