Sibling won't let me sell my own house!

DigForVictory

Even with logic, sense, & MSE board unanimity, we’re talking siblings here.

All the very best, OP.

TBagpuss

As attorney, your sibling has a legal duty to act in the best interests of the donor, your mum.
Unless there is any chance of her returning home, it's not likely that remaining as a home owner is in her interests.

If the house were to be sold, then you would have to pay back the charge, and those funds would then have to be invested and used in her best interests by her attorneys and, on her death, any remaining balance distributed in accordance with her will

I would suggest that you get professional advice, as it sounds as though your sibling is not clear about their responsibilities as attorney for you mum and is putting their own interests, rather than hers, first. It certainly won't be in her interests to try to prevent a sale and I can't see that they would be entitled to use any of her money to oppose it.

I think you probably need to look for a firm of solicitors who advise about litigation including contentious probate and 'private client' work (wills, powers of attorney etc) as that combination is likely to include people who can advise about this somewhat complex scenario.

pinkshoes

What EXACTLY does the deed of trust say?

If it states about the other living there, and your mum is in a care home, then you are free to sell the house and give your mum her share.

The problem is then her share in the will... this will now not apply as she no longer lives there, so your brother cannot be given half of this share any more. What does her will say about other assets? 50/50 between you and your brother?

unholyangel

OP, what exactly is in the paperwork for the property, because what you say doesn't make sense.

A charge does not stop the property being sold (assuming enough equity to satisfy it) or need to be removed to be sold. It just means the charge needs to be satisfied when it is sold. Its securing a debt against the asset.

Do none of the arrangements you put in place at the time cover the eventuality of either of you being incapacitated or requiring care?

gettingtheresometime

unholyangel wrote: »

OP, what exactly is in the paperwork for the property, because what you say doesn't make sense.

A charge does not stop the property being sold (assuming enough equity to satisfy it) or need to be removed to be sold. It just means the charge needs to be satisfied when it is sold. Its securing a debt against the asset.

Do none of the arrangements you put in place at the time cover the eventuality of either of you being incapacitated or requiring care?

I don't know the process but who is responsible for clearing the charge with the land registry?

Also it sounds as if the scenario of the mum dying but the OP wanting to stay in the house hadn't been considered either.

unholyangel

gettingtheresometime wrote: »

I don't know the process but who is responsible for clearing the charge with the land registry?

Also it sounds as if the scenario of the mum dying but the OP wanting to stay in the house hadn't been considered either.

Ultimately responsible? You (not you personally but as in property owner that agreed to the charge). Typically it will be your conveyancing solicitor who takes care of all the steps though they will be acting as your agent.

DUTR

Marsh_Samphire wrote: »

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?

I'm no lawyer, but the 2 bold lines which you agreed to stand, no sale your sibling is correct and not for the reasons you suspect.

gettingtheresometime

DUTR wrote: »

I'm no lawyer, but the 2 bold lines which you agreed to stand, no sale your sibling is correct and not for the reasons you suspect.

That was the reason for my question.

I don't know the process when there's a charge on a property....though I guess it's similar to when you sell a house with a mortgage.

getmore4less

As long as the legal title is in the name of the OP they can sell.

The issue then is the debt(charge) needs to be satisfied and can that charge be removed without the Sibling agreeing(as POA for the charge)

Is the charge for a fixed sum or share of the property?

onwards&upwards

You can report your concerns to the Office of the Public Guardian if you think your brother as an attorney is not acting in your mother’s best interests.

https://www.gov.uk/report-concern-about-attorney-deputy-guardian