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Late Fathers brother wont sell

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Comments

  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If it was me I'd stay on in the house as (worst case) I wouldn't trust the Uncle not to sabotage viewings and (best case) there is no reason to expect Uncle (and others) to tidy, clean and be available for viewings.
    Given his behaviour so far I'm veering towards the former.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The brother could even sell the place(as the sole legal owner) from under the deceased wife without any involvement of the wife or executor.
  • xylophone
    xylophone Posts: 45,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The brother could even sell the place(as the sole legal owner) from under the deceased wife without any involvement of the wife or executor.

    There will be a restriction as the property is held as TiC - I would imagine that the OP's solicitor is alive to the "appointing a second trustee" angle so would take any necessary steps to prevent "dirty work at the crossroads".

    https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/

    https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/
  • xylophone
    xylophone Posts: 45,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just had an update from my solicitor- He has agreed through his solicitor to the order and wishes not to go to court now. Put the house on the market and agrees that it has always been a 50-50 split.

    And it seems to me that there is much less chance of an attempt to defraud the other beneficial owner where both parties are acting through their solicitors.
  • Yes Xylophone there is a restriction on both properties.

    I will be moving back to the house while it is on the market so I can support and help her get the house ready for viewings. Lets hope it goes smoothly
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Great that you are support you mum, sounds like she could really do with both the moral and practical support.
  • xylophone
    xylophone Posts: 45,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I will be moving back to the house

    Well done - I'm sure that your mother appreciates the help of a kind and thoughtful son.
  • Thanks for the comments. Looking back on this whole situation I feel quite sad that it had to go down this route. Even my uncles kids dont understand why he has been so stubborn
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Where did the £442k remortgage go to? To their business? Seems a very large amount to remortgage. Did the insurance repay everything including the remortgage sum?
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