House owned 50/50 with brother

Keithcalder

Hi,

My father transferred the ownership of his house 50/50 to my brother and I in 2014, while retaining a life-rent in the property. He has now died, and we went to sell the property. I paid half the costs for a home report and half the costs to the estate agent to sell the property.

He has bullied me all of my life and as I rejected a clause in the paperwork allowing him full control in selling the house, he has now said he is not going to sell. Also I have since found out that he has approached another estate agent about selling the house, omitting the fact that I own half of it. The title deeds are in both my brothers and my name.

I have been advised by a solicitor to take him to court to force the house sale, but would like to know, if anyone can help.

Is he committing an offence if he tries to sell the property without my knowledge and also is there any way I can have the fees I paid to the estate agent refunded as my brother alone decided he was not selling his half of the house as he cant have full control over the sale.

Thanks in advance for any help

Hayley

Pixie5740

I assume you are both named on the deeds of the property...? If so your bother won't be able to sell the property without you agreeing to the sale unless he goes to court to force the sale like you are talking about doing.

It costs money taking someone to force a sale. So if he wants to take control of the sale and you want the place sold so just let him get on with it. You'll still get your half.

As for any fees you've paid to an estate agent you'd need to read your contract with them to determine whether there are any circumstances in which they can be refunded.

jimmy_cricket

Keithcalder wrote: »

Hi,

My father transferred the ownership of his house 50/50 to my brother and I in 2014, while retaining a life-rent in the property. He has now died, and we went to sell the property. I paid half the costs for a home report and half the costs to the estate agent to sell the property.

He has bullied me all of my life and as I rejected a clause in the paperwork allowing him full control in selling the house, he has now said he is not going to sell. Also I have since found out that he has approached another estate agent about selling the house, omitting the fact that I own half of it. The title deeds are in both my brothers and my name.

I have been advised by a solicitor to take him to court to force the house sale, but would like to know, if anyone can help.

Is he committing an offence if he tries to sell the property without my knowledge and also is there any way I can have the fees I paid to the estate agent refunded as my brother alone decided he was not selling his half of the house as he cant have full control over the sale.

Thanks in advance for any help

Hayley

Hi Hayley,

I cant offer any advice but wanted to offer a bit of support as I'm in a very similar situation but the property is still in deceased parents name. Be strong as it might take a while, my situation has been going on for two years.

If your brother is willing to take control, then let him, you will still get your half.

G_M

As an added precaution you could sign up to the free Land Registry Alert.

I don't see how you can reclaim the fees other than by puttingpressure on your brother. You need to assert yourself a bit. Make it clear that you will not facilitate any sale he tries to arrange unless he cooperates with you and splits the costs.

In the meantime, what is the situation with the property?

* is anyone living in it? Who?
* who is paying the running costs? Insurance, Council Tax, utilities, repairs?

Keithcalder

Hi

The house is empty and although I haven't had any bills yet, I have been advised that the building insurance will have to be renewed within the next seven days. No utility bills as everything has been closed down now although I dare say I'll be hearing from the council tax people soon.

G_M

So these bills come to you? Your name is on the accounts not your brother? Will he be contributing 50%?

Beware the insurance - is it 'unoccupied property insurance'?

konark

Even though a house is empty it will still cost money. The house is not part of your father's estate so full council tax will be payable. Even though you are using no gas and electricity there will still be standing charges. If the property is furnished you will be charged water rates. And of course you need 'Empty property' insurance. There may also be other services still running like phone , Sky , window cleaners. Keeping a house empty can cost a lot of money!.

The fabric of the house will need maintaining and the garden will be growing wild. Buyers are rarely attracted to houses that have lain empty for considerable periods. So whilst you and your brother are both cutting off your noses to spite your face the value of your asset is likely to be heading south.