Will and living in dads house

Yorkshireman99

Jeanie_84 wrote: »

Thanks for the reply.

So in that regard the probate values are a waste of time.

My priority is my child so I guess I need to start looking at new schools and moving out into rented accomadatiob as there isn't an option locally. I can't be sitting in a house for sale with my fingers crossed and a man who can just walk in and throw his weight around

You should consider trying formal mediation with him to come to an agreement to buy him out using a professional valuation at the DOD by an RICS surveyor. You might also consider getting a non molestation order against him if he will not play ball.

Jeanie_84

Yorkshireman99 wrote: »

You should consider trying formal mediation with him to come to an agreement to buy him out using a professional valuation at the DOD by an RICS surveyor. You might also consider getting a non molestation order against him if he will not play ball.

Thanks. This feels like it's all getting a bit much and stressful and not in a zillion years what my parents would have wanted. It would be peace of mind to leave the property now and get my child replaced in a new school.

There is leak with a rather large fix cost which I guess I should not pay.

I find it absurd that I can be willed 80% of a property have and have zero rights as the person living in it and paying all the bills, the fixes etc

Very upsetting but it is what it is if this is all correct

buildersdaughter

Jeanie - are you frightened of him? Do you have a good friend to talk to?

I agree that it is absurd to leave the property if you can afford to stay there. Of course you don't want to say on a public forum where you live, but I find it surprising that you couldn't find a property near enough to your child's current school to rent (of course if it is an isolated rural area your options may be limited)

If you feel that your brother is an actual threat (as opposed to a nuisance) you could consider approaching Social Services or Women's Aid - sounds extreme I know. But if you are afraid for yourself and your child, then you can take steps to prevent him entering the property. His ownership is irrelevant if he is a threat.

Having said that, without knowing your financial or general social situation, I have wondered if you would be better in a smaller house with no mortgage. 80% of a 500k house would find you something pleasant in most parts of the country.

Do your child's school know how worried you are? Most schools have someone for families to talk to, and they may be able to put you in touch with someone who could help.

Yorkshireman99

Jeanie_84 wrote: »

Thanks. This feels like it's all getting a bit much and stressful and not in a zillion years what my parents would have wanted. It would be peace of mind to leave the property now and get my child replaced in a new school.

There is leak with a rather large fix cost which I guess I should not pay.

I find it absurd that I can be willed 80% of a property have and have zero rights as the person living in it and paying all the bills, the fixes etc

Very upsetting but it is what it is if this is all correct

The co-owner is also responsible for the maintenance.

Jeanie_84

Yorkshireman99 wrote: »

The co-owner is also responsible for the maintenance.

So he should be paying 20% towards all costs or 50%?

buildersdaughter wrote: »

Jeanie - are you frightened of him? Do you have a good friend to talk to?

I agree that it is absurd to leave the property if you can afford to stay there. Of course you don't want to say on a public forum where you live, but I find it surprising that you couldn't find a property near enough to your child's current school to rent (of course if it is an isolated rural area your options may be limited)

If you feel that your brother is an actual threat (as opposed to a nuisance) you could consider approaching Social Services or Women's Aid - sounds extreme I know. But if you are afraid for yourself and your child, then you can take steps to prevent him entering the property. His ownership is irrelevant if he is a threat.

Having said that, without knowing your financial or general social situation, I have wondered if you would be better in a smaller house with no mortgage. 80% of a 500k house would find you something pleasant in most parts of the country.

Do your child's school know how worried you are? Most schools have someone for families to talk to, and they may be able to put you in touch with someone who could help.

I am not scared of him but someone who you don't have a positive relationship with who can turn up 24/7 in your home is not really great atmosphere for a child.

I was left feeling positive following some of th earlier advice on this forum and now I am completely back to square one.

Jeanie_84

@Buildersdaughter sorry I didn't anwser your question. It is a rural area, there are houses but only a few that are in my price bracket.

But I can afford this house so it's all a bit insane.

getmore4less

what is his prime motivation?

If it is the money then once you have that in place and the time line then it comes down to agreeing the price.

if you can't agree then an open market sale is the way forward your offer will be there with a low cost quick sale(he gets his money) or you wait to see if any offers come along.

if the motivation is something different like he does not want you living there that will be a more difficult hurdle

nom_de_plume

Jeanie_84 wrote: »

So he should be paying 20% towards all costs or 50%?

I believe this has been covered elsewhere ;-)

nom_de_plume wrote: »

And the OP could ask her brother for 20% of the upkeep.....

It would be proportionate to his share of ownership as would any share of, for example, rental profits, etc.

nom_de_plume

getmore4less wrote: »

You can still buy it, you will have to better any offers from others.

Don't forget putting the property on the open market would entail estate agents fees and other expenses to slightly reduce real final value.

Jeanie_84

getmore4less wrote: »

what is his prime motivation?

If it is the money then once you have that in place and the time line then it comes down to agreeing the price.

if you can't agree then an open market sale is the way forward your offer will be there with a low cost quick sale(he gets his money) or you wait to see if any offers come along.

if the motivation is something different like he does not want you living there that will be a more difficult hurdle

It's a really bizarre situation but the motivation is based on a deep resentment, verging on a mental health issue which makes it a very unpredictable situation. The common sense approach would be we work together, I pay him his share and end of. But from the emails I have received it's unlikely to be like that.

So I can't be in a position where he is able to exert any power over me, as in my living arrangements or can just walk into the house when he pleases while it's all getting sorted.

And I will firmly disagree to put the house on the market when I have the money and a fair amount based on values.

It's a very unfortunate situation and by the time my father changed his Will in recognition of this situation he didn't live long enough to sign it.