Can Deed holder dispute sale?

jonty151

Myself and my two brothers own the family home. Our three names are on the Deeds, there is no mortgage. My brothers have been in conflict for years over my Mothers Will which is currently at stalemate in Court.

My question is when the family home is sold can one of my brothers dispute the other receiving funds from the sale until the Case regarding my Mothers Will has completed.

If so will I also have to wait for the other case to finish before I receive my third of the sale?

AdrianC

I'm a bit conflicted here.

Half of me wants to say "More details needed..."
Half of me wants to say "Professional legal advice needed..."

I'm not even sure from your post how many cases are currently under way, and who's claiming what from who. It certainly sounds like a complicated mess over a large amount of money.

G_M

How is the property owned? As Joint Tenants, or as Tenants In Common?

Since the property is in all 3 names, all 3 named owners will need to agree to the sale. So one brother could simply refuse to allow the sale to proceed.

Who will be doing the conveyancing? If a solicitor/conveyancer, they will receive the sale money and then distribute it between the owners acording to who is due how much. Given there's an ongoing legal dispute, I doubt the conveyancer would agree to distribute the funds.

If no conveyancer is used (DIY conveyancing) then who would be doing that (and thus receiving the money)? I doubt the brother would agree to the sale if, say, the other brother were doing the conveyancing (and thereby getting hold of all the £).

Since the property is registered in all 3 names, I'm guessing Probate has been granted? ie the property belonged to mother who died, and the Executers transferred the property into the 3 names? Else why would % ownership of the property be linked to mother's will?

Who was/were the Executer(s)?

jonty151

Any of us brothers can force a sale.

This is quite complicated- My brother John was the executor of my Mothers Will, he believes my other brother Patrick was responsible in the past for stealing money from my Mothers Investments, there is currently a case ongoing regarding this potential theft.

John decided to cut my brother Patrick out of my mothers Will, Patrick then took a case against John to try and get his share of the Will, this case is also ongoing and has been for several years but the judge has now stalled this case until the other case of theft involving my brother Patrick has been resolved.

My question is if my brother John forces a sale of the family home, once it is sold can he and his solicitor apply to a court to have the money from sale frozen because of ongoing cases.

I am not involved in their conflict which has been going on for 5 years but this is my main worry- I have not yet received a penny from my Mothers Will because of brother disputes, will the same thing happen when the family home is sold will a judge say these funds are now involved in ongoing proceedings and I will not let them be given out.

The best scenario for me would be the house is sold and I get my third immediately and leave it to them to fight it out but I don't think this will happen?

I know ABSOLUTE NIGHTMARE!

mrginge

How is someone going to force the sale?

If the answer is 'go to court and get a judge to force it',
then I have to question the likelihood of that happening given a separate case around the same matter has been stalled.

jonty151

My brother Johns solicitor recently contacted me saying that John wants to sell family home because it may help to speed up my mothers Will case? I researched the Deeds and took advice and any of the named Deed holders can sell even if the other two do not want to.

LittleMax

When John's solicitor contacted you were they telling you John was going to force a sale or asking you to sell? Did you ask them any questions? I think you need to speak to a solicitor yourself.

It doesn't sound like John can force a sale alone, otherwise presumably you would just have received a solicitor's letter telling you. If it were me I would contact John's solicitor to get as much information as I could from them without charge. I would then appoint my own solicitor.

Do any of the brothers live in the house?

AdrianC

jonty151 wrote: »

Any of us brothers can force a sale.

This is quite complicated- My brother John was the executor of my Mothers Will
John decided to cut my brother Patrick out of my mothers Will

...and that's where the fun started...

The executor cannot just simply decide to change the will and totally remove one beneficiary.
Wow.

So - at the moment, the three of you are NOT joint owners of the house, because the will has not been settled and disbursed. At the moment, your mother's estate is still the sole owner.

xylophone

Myself and my two brothers own the family home. Our three names are on the Deeds, there is no mortgage.

You owned the home before your mother died?

Or your mother left all three of you the house (or her share of the house) in her will, probate was granted and the executor brother got as far as transferring the house into all your names before the court case concerning other assets was started?

TBagpuss

If the house is part of your mother's estate, then you are probably going to have to wait until the case is settled.

If you own the house independently of the will (i.e. if it never belonged to your mother) then any of you can force a sale. If your brother doesn't cooperate with a sale then you (or your other brother, or you and your other brother jointly) could apply to court under ToLATA for a declaration of what share each of you has, and then to order a sale. If your brother Patrick opposes the sale and loses the case, he could end up having to pay the costs of the court case.

But you need to get legal advice.

If your brother Patrick lives in the house, then it would become more complicated.

G_M

I repeat:

How is the property owned? As Joint Tenants, or as Tenants In Common?

Since the property is in all 3 names, all 3 named owners will need to agree to the sale. So one brother could simply refuse to allow the sale to proceed.

Since the property is registered in all 3 names, I'm guessing Probate has been granted?

The only way to force a sale against the wishes of one of the registered owners is via the courts. as said above, I seriously doubt a judge would order this given the other ongoing cases.

An executer cannot "decide to cut" a Beneficiary out of the will. That would be illegal. If/when the criminal case finds Patrick guilty, then a court might agree to alter the will, but the Executer cannot (without ending up on criminal charges himself).