Tenants in Common x4

hettyhen

A friend of mine and his mother agreed to put his brother onto the mortgage so that the bankrupt younger brother could undertake a barn conversion and turn the property into a semi detached. Unfortunately the result was that the younger brother inherited a 3rd of the farm and title to the drive adjacent to the barn as part of the legal advice to obtain the funding required for the conversion. The younger brother then married and transferred half of his third to his new wife. A breakdown in communication within the family resulted in the new couple insisting that the property (farm) be sold. Now that an interested buyer has been found the younger brother is now refusing to sell as he does not like the individual or this dogs. The semi detached barn conversion is the sole property of the brother and his wife and the mother and older brother live in the attached farm. My question is " can the younger brother and his wife stop the sale of the property that they requested and do not live in. Split is two thirds to the mother and brother and 2 sixths to the other brother and his wife.

G_M

I don't really understand the history eg " put his brother onto the mortgage" - what about the Title?

"Inherited" - who died?

It's also unclear who now owns what:

The semi detached barn conversion is the sole property of the brother and his wife and the mother and older brother live in the attached farm.

Yet:

...the property (farm) be sold...... the younger brother is now refusing to sell

So who owns "the farm"?
Who owns the " barn conversion"?
What does this buyer want to buy - the farm or the conversion or both?

However the bottom line is that if a property is owned jointly by 4 people, then all 4 people must agree to sell (and sign).

The alternative is to obtain a court order forcing one or more of them to sell - an expensive and uncertain process.

hettyhen

The property is the farm and its that farm that the younger brother and wife wish to sell. The mother and older brother are willing to go. The mortgage obtained payed for the barn conversion that the younger brother owns with his wife. The problem is that the younger brother and wife do not wish to sell to this particular individual as they will be neighbours.

G_M

More confused than ever.

Please answer the questions asked.

hettyhen wrote: »

The property is the farm and its that farm that the younger brother and wife wish to sell. The mother and older brother are willing to go. The mortgage obtained payed for the barn conversion that the younger brother owns with his wife. The problem is that the younger brother and wife do not wish to sell to this particular individual as they will be neighbours.

?????

Mupette

There is a farm, on the farm is a barn conversion

young brother and wife own barn

mother and other son live in the farm house

young son wants farm house sold but doesn't like the person who wants to buy it, and refuses to sell the farm house - simples

dimbo61

Then they must put the property back on the market and find a buyer/s who the younger brother + his wife are happy to have as neighbours.

G_M

Better - but still not clear!

Mupette wrote: »

There is a farm, on the farm is a barn conversion

young brother and wife own barn so the barn is a stand-alone property, owned jointly by these 2 peope?

mother and other son live in the farm house You say 'live in'. So who owns the farm house?

Is there other land? You mention a 'farm', a 'farmhouse' and a 'barn conversion'. So is there also farmland? And if so, who owns it?

young son wants farm house sold but doesn't like the person who wants to buy it, and refuses to sell the farm house - simples

If the mother and other son own the farm house, then who they sell to is not the young son's business!

But then again - your thread header is "tenants in common x 4" which suggests that some, or all, of these properies are jointly owned by all 4!

You really need to be clear if you want help!

basil92

Agreed G_M very confusing!!

But it seems to me that the younger brother is being an awkward, ungrateful so and so after he was helped by his older brother and mother...

I bet they really regret helping him out now!

hettyhen

Thanks to all the replies.

It looks like they will have to make other arrangements to split up the farm. Yes they are truly regretful at being stitched up into loosing a third of their farm.

Mojisola

hettyhen wrote: »

A breakdown in communication within the family resulted in the new couple insisting that the property (farm) be sold.

Now that an interested buyer has been found the younger brother is now refusing to sell as he does not like the individual or this dogs.

The semi detached barn conversion is the sole property of the brother and his wife and the mother and older brother live in the attached farm.

My question is " can the younger brother and his wife stop the sale of the property that they requested and do not live in.

G_M wrote: »

However the bottom line is that if a property is owned jointly by 4 people, then all 4 people must agree to sell (and sign).

The younger son can't insist on a sale (without going to court) but it does need all the owners to agree to a sale.

The mother and brother could give the young couple the option of selling to the prospective buyer or the farm comes off the market.

It would cost the couple money to go to court to force a sale and it wouldn't be looked on very favourably when it came out that there was a buyer that they turned down.

AdrianC

So a part-owner is refusing to accept an offer - and they would have to live next door to the buyer?

Sounds like the other two part-owners need to get their heads out of their chuffs and accept that this is a legitimate objection.