Sibling won't let me sell my own house!

Marsh_Samphire

I'll try and answer the questions raised. The arrangements made did not consider what would happen if either of us became ill or incapacitated - huge mistake! It did say that if mother died my sibling could not make me sell if I was living there and paying the bills and I could not do the same to mother. But I am working from memory because I don't have the paperwork and I'm currently trying to track copies down. The original solicitor retired and the firm was taken over by another. When mother took ill, my sibling took our copies of paperwork from the house - locks got changed after I realised that.

Yesterday I ordered copies from land registry to check what the charge says and found the new solicitors who took over the old company. They are going to look in their storage for the declaration of trust and said they would get back to me in about 10 days time. Once I have all the paperwork I will find a solicitor to sort the whole thing out!

MovingForwards

You can obtain a copy of the title deeds from the land registry website for £3 each, instantly downloadable and could potentially allow people here to give you answers within a few minutes

Malthusian

Marsh_Samphire wrote: »

My sibling has power of attorney and will not remove the charge so I can sell because he thinks I will steal his inheritance.

You sell the house, the conveyancing solicitor receives the proceeds, repays your mother's debt into her bank account and pays the rest to you. Absolutely zero chance of stealing his inheritance.

What are the terms of the loan - i.e. does it increase with the value of the house, is annual interest payable, etc?

If it's a fixed sum to be repaid, then the brother is violating his legal duty as attorney. Because it is in her interests for the loan to be repaid and the money to be invested, or at least earn some interest. Not a problem for the attorney as long as you didn't want to move out, as she was stuck with it, but now you do.

If the loan increases with the value of the house or if interest is payable, it becomes more complicated.