Selling- Tenants in common

Mookiem

As I said we are completely happy to pay the fees. I was just wondering.

As for the comment about my husband allowing it, that's a little unfair. At first we didn't even know it was up for sale. Then when we did the estate agent only told him the basics. He went down there regularly to keep to date, but when we tried to have in advertised his mother said no and that's what happened even though we wanted it put in the window and on the website etc. Then when she went over to the other estate agents we had more updates but even then she has said what happens and when. We have had 5 offers and we accepted all of them but she wouldnt and without both it couldn't happen.

We even looked into getting an agent to act on our behalf but his mum made it clear she wouldnt allow viewings and wouldn't accept offers. So yes she has had the control. We just want it sold so not going to do anything to affect that. We are just making sure we know all our rights if his mother decides to turn nasty on us. We just want this chapter over so my husband and I can make a proper home for our children's future.

Thank you for all the advice.

Cheeky_Monkey

The EA's invoice will automatically be paid by the solicitor on completion before any remaining equity is divided between the two owners in equal shares.

If your husband's mother 'denied him access' to a house that he jointly owns that's because he let her. I'm quite sure he knew that she was not legally allowed to do that.

Whether he agrees to pay half of the repair costs is up to him but she could argue that having the repairs done has increased the property's value. However, she can't force him to.

IMO, it's in your husband's best interests to get the house sold ASAP. Apart from anything else, who knows who his mother has left her 50% share to in her Will (if she's made one obviously).

mrschaucer

There will be a conveyancing solicitor involved in the sale who will organise the paying of the estate agent fees etc. Make sure he knows that he is acting for you as well, and tell him what you want to happen to your 50% of the proceeds - make sure he has your bank account number etc.

Mookiem

Thank you.

We did go to solicitors about access and had to go through mediation etc which failed because of her refusing it etc. She changed the locks. We were told that the only way forward would be to force a sale which we didn't want to do (as although we don't get on with her we are not heartless enough to force her out) plus we didn't have the funds to do it. We have all the paper work from the solicitors etc. We should have never moved out but when both me and my husband couldn't cope living there. Hindersight is a wonderful thing.

Thanks again.

Cakeguts

I don't see how she can put a house up for sale where she only owns half of it. As soon as she accepted an offer it would become obvious that she couldn't sell it unless there was an agreement from the other owner.

It sounds from what you have written that she hoped that she would be able to sell the house without your knowledge and keep the proceeds and now that she has been found out about selling it is trying to get your husband to pay for the improvements.

I would think that the fact that she has lived there rent free would need to be offset against any improvements. The fact that he was not informed about improvements is her fault. It is roughly the same as a tenant making improvements to a rented house. You don't get the money back for them. She will get her half of the improvements in her half of the proceeds and he will get his half as payment for the increase of the rent that he could expect from and improved house. He and his mother will pay half the sales fees each.

00ec25

OK, the key bits

1. Husband and his mother are at war with each other. So what, shxt happens. She can try to claim repair costs, he can try to claim rent for his half. They can both carry on arguing with each other until the cows come home but nothing will progress.

2. Assuming husband is named on the Land Registry title (check here) as an owner then both he and her must sign a sales contract. Neither him nor her can unilaterally sell without a court order and the purchaser's solicitor will make damn sure that the contract is valid for obvious reasons

3. Husband has not lived in the property as his (/your marital) home for sometime. Therefore, husband IS liable for Capital Gains Tax on HIS share of the property calculated as (amount it sells for - value at date he inherited it - his share of selling costs) x his 50% ownership share. Husband can claim some relief for the period he lived there assuming it was his only/main home for the period he lived in it. The fact he is low paid is irrelevant.