Late Fathers brother wont sell

lisyloo

Is this in reply to me or getmoreforless lisyloo?

It was in reply to getmoreforless comments.
If you want the moral debate to stop then just say so and I will respect that decision.

lisyloo

AdrianC wrote: »

But it does belong to the uncle - just as much as it belongs to the widow.

I don't see it that way and I would point out the way it is held.
It's held as tenants in common which is 50/50 as opposed to joint tennats which is both share 100%.

The widow still has the asset she was left - a half share in the uncle's home.

Which she can unilaterally decide to sell (albeit needing to force a sale with a court order).

She can't quickly and easily convert that asset to cash, but it was never a liquid asset to start with.

Agreed property is not a liquid asset but she CAN unilaterally sell (albeit with some hassle in practice).

Executor22

Thats ok Thanks lisyloo, the main reason why I asked about this is to see what members think. I appreciate the comments. Morally I believe that my uncle was firstly wrong is disputing the 50 50 share if he had an issue why not bring it up when he instigated TIC agreement. Secondly, its 3 people living in 6 bedroom house where the upkeep monthly is ridiculously expensive. Hes nearly 70 and retiring soon. Taking his share of the house and 50% share of the family business he will walk away with a minimum of 1m. I just think hes being greedy.

chunkytfg

Perhaps e wasn't being greedy as such and just wanted to try and force you to not sell it so he can keep his home by creating this story. Then when he realised you wouldn't back down and were happy to force the sale he resigned himself to losing his home.

2 sides to every story and all that

(I could be wrong obviously but just playing devils advocate)

AdrianC

lisyloo wrote: »

I don't see it that way and I would point out the way it is held.
It's held as tenants in common which is 50/50 as opposed to joint tennats which is both share 100%.

Yes, they each own exactly the same as the other one. Whether it's jointly 100% or 50/50 separately...

Which she can unilaterally decide to sell (albeit needing to force a sale with a court order).

They both have exactly the same rights regarding sale, because they both have equal ownership.

AdrianC

Executor22 wrote: »

Secondly, its 3 people living in 6 bedroom house where the upkeep monthly is ridiculously expensive. Hes nearly 70 and retiring soon. Taking his share of the house and 50% share of the family business he will walk away with a minimum of 1m. I just think hes being greedy.

Perhaps he is, perhaps he isn't. That's not really the point, is it?

Your mother does not get to define how he wishes to live his life. He is just as much the owner as she is. You - personally - get zero say, except insofar as you can influence your mother's decisions.

Executor22

Thanks AdrianC

Perhaps he is, perhaps he isn't. That's not really the point, is it?

Your mother does not get to define how he wishes to live his life. He is just as much the owner as she is. You - personally - get zero say, except insofar as you can influence your mother's decisions.

I have no say at all which is correct, my mother doesnt define how he lives his life which correct. Im just respecting my mothers wishes that she cannot live in a house where my uncle believes that she is not entitled to have part of or benefit from. Bearing in mind she hasnt asked for larger share or hasnt disputed anything.

I disagree with you saying it isnt really the point about him being greedy. If he wasnt being greedy there would be nothing to dispute and all 3 of them would living peacefully in the house, there would be no need to sell.

xylophone

The widow still has the asset she was left - a half share in the uncle's home.

Hang on, this house originally belonged equally to her husband and his brother (originally as joint tenants, later as tenants in common) and she, her husband, his brother and wife occupied it from purchase in 1988.

As far as I can gather, she is still there but is being made so unhappy by her BiL's attitude that she wants to leave?

The situation in the home has become so tense and stressfull my mother doesnt want to live there anymore.

lisyloo

As far as I can gather, she is still there but is being made so unhappy by her BiL's attitude that she wants to leave?

He sounds like a right idiot.
It sounds like he has single-handedly caused a situation that isn't in his own interests whereas they all could have carried on living together happily ever after.

happyandcontented

It was always ( sooner or later) going to end in the sale of the property though. Two families one large asset.