Sibling won't let me sell my own house!

Marsh_Samphire

Hello,
I'm wondering if anyone has any thoughts on my situation and whether I should get a solicitor to force the sale of my house. I bought a house with my mother 15 years ago and we each put half of purchase price in. I have a mortgage for my share so the house and mortgage are in my name. We shared all bills but I pay the mortgage. We had a solicitor make a declaration of trust so neither of us could sell the house if the other one was living there and a charge put on the land registry so I can't sell without the charge being removed. Mothers will leaves her share equally between myself and sibling, but 5 years ago mother was diagnosed with alzheimers and went into a care home where she remains to this day. So I now pay all the bills on my own as well as the mortgage. My sibling has power of attorney and will not remove the charge so I can sell because he thinks I will steal his inheritance. I could clear my debts and mortgage and have a fresh start if I sell. Should I wait - struggling with the debt and mortgage - or is there a way I can force the sale?

gettingtheresometime

Is there any one who could mediate as it sounds as if there's been a breakdown in communication between the pair of you.


If I'm reading the situation right, even though you technically own the house 100% there's a charge for your mum's share.


So my first is how is your mum's nursing homes fees being met?


Have you thought about getting a lodger?

Marsh_Samphire

Mediation was tried four years ago through Relate and also a cousin but sibling refused to engage.

Yes, I technically own the house and there is a charge for mothers share.

Council said because she put her share in 10+ years before getting sick they did not count it in her assessment. Mother has pension income which pays her fees.

I have had lodgers which covers the mortgage but now want to clear mortgage, other debts and move on.

paddy's_mum

But your mother is NOT living there so doesn't that alter the status of the house?

In these circumstances, I don't think you can afford not to seek competent legal advice.

Alternatively, would a call to the Land Registry yield more information and clarify what you can or can't do?

Good luck.

paddy's_mum

Your brother may be entitled to share Mother's half of the property under the terms of her will but (forgive me) she ain't dead yet! If you decline to pay the bills or maintain the property, isn't he at risk of accusations of working against your mother's best interests.

A solicitor, pronto!

Marsh_Samphire

paddy's_mum wrote: »

But your mother is NOT living there so doesn't that alter the status of the house?

In these circumstances, I don't think you can afford not to seek competent legal advice.

Alternatively, would a call to the Land Registry yield more information and clarify what you can or can't do?

Good luck.

Thanks, I will try calling the land registry.

Marsh_Samphire

paddy's_mum wrote: »

Your brother may be entitled to share Mother's half of the property under the terms of her will but (forgive me) she ain't dead yet! If you decline to pay the bills or maintain the property, isn't he at risk of accusations of working against your mother's best interests.

A solicitor, pronto!

No forgiveness needed, you are correct! It seems he is worried about his future inheritance. It is possible that if the house is sold then the council will want her share of the proceeds. I will still have my half but neither of us will inherit her share. I think he wants to keep me in limbo until she dies so he doesn't miss out.

paddy's_mum

Commonsense dictates that if the council are entitled to claim for care costs, that applies whether the homeowner is alive or recently deceased. What's owed is owed.

I think you need an experienced solicitor who knows his way round matters such as this in order to find the best way forward. Good luck and please come back and tell the forum how it was resolved so that your question will some day in turn help someone else.

Gavin83

Either she owns half the house, in which case she should be fully funded in the care home (depending on a few other factors) or you own 100% of the house, in which case your brother won't be entitled to any inheritance anyway. Which is it?

gettingtheresometime

Gavin83 wrote: »

Either she owns half the house, in which case she should be fully funded in the care home (depending on a few other factors) or you own 100% of the house, in which case your brother won't be entitled to any inheritance anyway. Which is it?

I'm assuming (which is always dangerous at the best of times) is that the OP owns, with a mortgage, the house 100% but the mum has a charge for 50% of the purchase price.

-taff

Marsh_Samphire wrote: »

We had a solicitor make a declaration of trust so neither of us could sell the house if the other one was living there and a charge put on the land registry so I can't sell without the charge being removed.

Your mother is not dead so it doesnt matter what it says in her will.
And she doesn't live in the house so as far as I can tell, there shouldn't be a problem selling if the terms of your trust are what you have said they are.
Put her money into a bank account in her name...job done.