Tenants in Common with Mother + Dispute over division of property

jtprobs

Yes, sadly invested a lot of money in an upstairs kitchen - only because she said she would give me the upstairs room back.

jtprobs

brother initially tried to help, and asked her to agree to arbitration/mediation - which she refused.
but then later, he wanted money - and "a share" of the property

i called estate agents in, to value the property for sale - but she locks all her rooms, and refused to open them - so will be impossible to sell.

afraid moneyistooshorttomention's option 1 seems to be the only viable thing to do.
if i can ever find the opportunity

moneyistooshorttomention

She's got to go out some time - for something. I doubt a person like that has a social life? - but she must have to go out for shopping, medical appointments, etc. Locksmith lined-up on the spot for the second she is out the door. Get locksmith to change front door lock - so she cant get into the house. Change everything around - ie getting her out of your bedroom. Then - let her in and give her key to new front door lock. NB I gather its pretty easy to be able to change a lock oneself - YouTube doubtless has videos with clips on how-to.

Sounds like your brother is as bad as she is. What excuse did he have forgawdsake to try arguing he should also have a share of the house? What happened to your father in this - is he still around?

What a way for her to treat her own child.....:eek:

There are threads on this sub-forum re houses having to be sold on break-up of a marriage - and where one person is digging their heels in and being awkward. Try googling for them - to see what happened there.

princeofpounds

i called estate agents in, to value the property for sale - but she locks all her rooms, and refused to open them - so will be impossible to sell.

You need to read more carefully. If you want to pursue the sale option, you need a court order for sale if she won't agree.


The court will order her to co-operate, and if she does not she will get in trouble. (Full disclosure, you would have to go back to court a second time to notify them of non-compliance).


What she does with an EA at the current time is not especially meaningful, in terms of your future options, as you already know she would not agree to a sale voluntarily.


Now, the 'physical' option. You must understand that, on a theoretical legal basis, she is not allowed to lock you out of parts of the property, and you are not allowed to lock her out. You are all entitled to occupy all parts of the property.


Now what happens in practice is the guessing game. She might, in revenge, lock you out on another occasion. She might just acquiesce. She might get violent with you or with the locks you installed. She might go stay somewhere else and try to get a court to award her some costs, or even an exclusive occupancy order (on the basis of 'abuse'). She might call in PC Plod, who probably will either say it is a civil matter or arrest one or both sides for breach of the peace or something (they aren't well trained on this kind of dispute, which is not really criminal). You need to have plans for all outcomes if you choose that route.

jtprobs

my father is thankfully still around,
we knew my mother would never sign over her half, as she wrongly believed she is entitled to the whole property (another long, depressing story) - so my Dad agreed to sign his half over to me
- my bother somehow perceived this as an "inheretance", and therefore wanted a share
- despite myself still paying at least 1/4 of the value of the property at that time
(as the house was never put up for sale, and i paid off the majority of the remortgage, i don't know what standing that puts me in) - also i've paid 20 -30k fixing the roof, windows, new bathroom (which we share), plus the upstairs kitchen...
my mother has a gambling addiction (worst addiction there is, as people lie and cheat to get what they want - and only hurt others; not themselves as drink or drug addicts do)
that's where all her debts built up from - the casino
she can spend all evening in bingo, or has done upto 72 hrs in the casino... but i never know when she is going...

Person_one

mdkzeus wrote: »

brother initially tried to help, and asked her to agree to arbitration/mediation - which she refused.
but then later, he wanted money - and "a share" of the property

i called estate agents in, to value the property for sale - but she locks all her rooms, and refused to open them - so will be impossible to sell.

afraid moneyistooshorttomention's option 1 seems to be the only viable thing to do.
if i can ever find the opportunity

Ok, this is madness. You've either been badly advised, or your mother has taken complete advantage of your naivety.

Please go and see a solicitor asap and speak to them about the process for forcing a sale.

Moneyistooshorttomention's advice to get deeper into conflict and prolong this awfulness is terrible advice that won't improve anything.

You need OUT!

moneyistooshorttomention

When you say your father is "still around" - does that mean they are still married? he is still living in the house?

Have you seen a solicitor - to see what they have to say about this (including likely cost of trying to deal with her the Court route)? That's the thing I fear for OP - that he could go the Court route and it eats up all his money - and he wins his share in his hands (but its been vastly reduced by legal fees).

It all sounds more explicable - from the comment she has a gambling addiction. In other words - at some level - it maybe suits her to have someone else owning/living in part of the house - as she probably (almost certainly!) is running up further debts and she feels she can argue against being made bankrupt and the house being grabbed - because it's not totally her property. Have her cake and eat it...

AdrianC

mdkzeus wrote: »

- my bother somehow perceived this as an "inheretance", and therefore wanted a share

I can kinda see his point.

When a Tenant-in-Common dies, their tenancy of the property simply ceases to exist, so the other T-i-Cs continue to be 100% owners of the entire property.

Situation before father signed his tenancy to you - mother dies, father is 100% owner of property.
Situation now - mother dies, you are 100% owner of property.

Any will she may have is irrelevant, as are the intestacy rules if she doesn't have a will, because her ownership of the property simply ceases to exist on her death.

jtprobs

my parents are still married, but my father moved out many years ago, and let her live in the property alone.

He had paid off nearly the whole mortgage when he left, but she remortgaged it for a value much greater than the price they originally paid.

I had an initial consultation with a solicitor, but they said going to court will be a lengthy, and costly process, and not a good experience for anyone in the family.

I saw the CAB last year - and they said as she had verbally agreed to give me the room back if I build a kitchen (it was actually even her suggestion!), then that is legally binding.
So that is the route I would want to pursue. But I don't have the time and money to do this now.

Pixie5740

AdrianC wrote: »

I can kinda see his point.

When a Tenant-in-Common dies, their tenancy of the property simply ceases to exist, so the other T-i-Cs continue to be 100% owners of the entire property.

Situation before father signed his tenancy to you - mother dies, father is 100% owner of property.
Situation now - mother dies, you are 100% owner of property.

Any will she may have is irrelevant, as are the intestacy rules if she doesn't have a will, because her ownership of the property simply ceases to exist on her death.

Is that not joint tenants rather than tenant in common?