Force house sale

Redscope77

Prior to my parents passing away, I helped them to purchase a bungalow (some 10 years ago). I put up 1/3rd of the sale price and am registered as one of the owners. Since my parents passed away, they left a further 1/3rd of the property to me and the remaining 1/3rd to my estranged brother. So I now own 2/3rds and my brother owns 1/3rd. I have asked if my brother would like to buy my share, but he didn't want to do that, nor is he willing to let me buy his share of the property. Neither of us live in the bungalow, so it is empty. I am at a loss what as to what to do. Is there anyway I can force a sale?

Caz3121

what does your brother want to do with the property? is he wanting to leave it empty paying whatever council tax the council charges for empty properties, utilities standing charges, insurance etc?
does he have a plan on when he will decide?

hb2

As I understand it, you can go to court to try and force the sale. It will cost (I don't know how much but someone else might have an idea) but might be the only option if your brother is really digging in his heels.

Redscope77

I think he's not happy that he doesn't own 1/2 the property, so he;'s thrown his toys out of the pram.

I was hoping not to get a solicitor involved...but if I have to I will

hazyjo

How much is the property worth? Make sure it'll be worth fighting for rather than agreeing to split it 50/50. You don't want to eat up tens of thousands in legal fees if you're not going to be gaining much more after fighting then paying to sell it.

ReadingTim

Redscope77 wrote: »

I think he's not happy that he doesn't own 1/2 the property, so he;'s thrown his toys out of the pram.

I was hoping not to get a solicitor involved...but if I have to I will

The difference between owning 1/3rd and 1/2 is almost irrelevant if you're looking to get your hands on the money, as you'll still need someone else's agreement to sell it.

But if he thinks he's being hard done by, offer him 50% of the value of the property for his share - this might be the simpler, quicker and ultimately cheaper than trying to force a sale on your terms and yours alone. Ultimately, this is a negotiation, and sometimes you have to compromise....

I suspect he's only being uncompromising on not wanting to sell, as you're being uncompromising on price (ie only offering him a third of the value for a third of a share).

Jojomissy

When I had to force a sale with an ex partner it cost around 6k in solicitors fees. However due to my ex ignoring every letter he ever received it was a long drawn out process taking 4 years and 2 court appearances. He did not turn up to any hearings so the judge gave him a chance and organised a second hearing, when he didn't turn up at that one the judge was not impressed and ordered all costs to be paid by my ex.

Depends how awkward your brother wants to be.

Good luck.

jimmy_cricket

I!!!8217;m just going through something similar. Surviving parent passed four years ago and sibling has refused to do anything with the property. It is currently in the hands of a specialist probate solicitor. God only knows how long and how much it is going to take.
I really feel for you

lookstraightahead

How much money is involved here? If it were me I would just split it 50/50 and get it sold.

My FIL had a different kind of problem. All three children had s third but one wanted a quick sale and they ended up selling it way under the value. He has spent his share now of course.

Families and money - nightmare.

xylophone

my bother owns 1/3rd.

Freudian slip?:)

https://www.howellslegal.co.uk/news/post/FAQ-Series-Can-Tenants-in-Common-Force-a-Sale

foxy-stoat

What do you want to do, sell and get the money or own it outright to live or rent it?

You need to crunch all the numbers depending on what you want as an outcome.