Selling- Tenants in common

Mookiem

Hello everyone,

I am just looking for some advice. My husband owns half of a property with his mother (left to him when his nan passed away). The relationship is very strained and we had to leave the house in 2003. My husband has not been allowed in the property since. Cut a long story short, she has done a lot of work to the house but refused him any access and got rid of a lot of his stuff without his knowledge. We have tried to build the relationship but she is not interested. We have rented for the past 15 years even though he out right owns half a 3 bed house. Her husband died in 2010 and so ever since she has been living there alone.

Anyway, she put it up for sale September last year without our knowledge. It wasn't until end of November we found out. We are happy for it to be sold. She moved it to a different estate agents in Jan. We have had a number offers which we have accepted but she has not. Finally she has agreed on an offer. However, she is asking us to pay for the repairs she has done in the last few years. Has she got any legal right to do that? Plus as my husband has not signed any papaerwork with any estate agents will he have to pay half the fees? The last thing is what else do we have to pay, tax etc

Thank you so much for your help.

MookieM

G_M

So she has had the benefit of living in his (half) house for 15 years? What is he claiming off her for that?

A fair claim woul be 50% of a 'fair market rent' for a property of that size/location for 15 years.

If she agrees to pay him that, then fair enough - he should agree to pay 50% of the repairs and maintenance.

If not............

Mojisola

Mookiem wrote: »

We have rented for the past 15 years even though he out right owns half a 3 bed house.

Have you checked whether he will have to pay Capital Gains Tax as he hasn't been living in the house?

Mookiem

Thank you for your reply.

I hadn't thought about it that way.

Mookiem

Thank you Mojisola,

I will look into it. Does anyone know about this tax? Does anyone know if there is any exceptions? The fact he wasn't able to live there? We are both on low incomes and at present don't pay tax so does that count?

Thanks

xylophone

You/ your MIL will be instructing a conveyancing solicitor to act for you in the sale?

He should be able to guide you on the CGT aspect.

https://www.gov.uk/tax-sell-property

getmore4less

Were there any life interests involved?

diggingdude

The 50% rent should be mentioned and remember to ask for all receipts of work done

Mookiem

Thank you so much for all your help.

We are willing to pay 50% of the selling fees as we want it sold but just out of interest as my husband hasnt signed anything with the estate agent (only provided ID) will he be legally bound to pay. His mother signed the contract with the estate agent, she has had complete control and we have only been told what is happening regarding offers etc. Just wondering.

Thanks

Thrugelmir

Mookiem wrote: »

she has had complete control and we have only been told what is happening regarding offers etc. Just wondering.

Thanks

She doesn't have complete control. Legally 50% of the property is your husbands. Without his approval nothing can happen to the property or even the proceeds. Play hard ball. If your MIL needs her share of the equity you'll need to come round to your way of thinking.

Only fair that you husband pays 50% of the selling costs. The fact that you've had to rent for the past 7 years negates any committment for maintenance to the property etc. As you've received no benefit from ownership having to have paid rent yourselves.

Mojisola

Mookiem wrote: »

We are willing to pay 50% of the selling fees as we want it sold but just out of interest as my husband hasnt signed anything with the estate agent (only provided ID) will he be legally bound to pay. His mother signed the contract with the estate agent, she has had complete control and we have only been told what is happening regarding offers etc.

She has complete control because your husband has allowed it.

If he had wanted an equal voice, he should have signed up with the EA as well and insisted on getting all the information that she was given. By providing his ID, he has accepted that she should manage the sale.

Do you really want to hold up the sale over a new argument over who pays the bill? There's two owners - the costs for selling should be split 50/50.