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Brother not contributing financially now wants to force sale three years on

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  • xylophone
    xylophone Posts: 45,994 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 February 2020 at 1:43AM
    But presumably brother could sign something to say "I'm happy for charlie to get on with the sale", and a letter along the lines I suggested earlier might be helpful / needed? 

    It seems that the brother is eager to get on with the sale - I am not sure whether the OP has yet told his brother that they are T-i-C of the property and that they can actually get  the place on the market.

  • Flugelhorn
    Flugelhorn Posts: 7,663 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    xylophone said:
    But presumably brother could sign something to say "I'm happy for charlie to get on with the sale", and a letter along the lines I suggested earlier might be helpful / needed? 

    It seems that the brother is eager to get on with the sale - I am not sure whether the OP has yet told his brother that they are T-i-C of the property and that they can actually get  the place on the market.

    I think that might be the case. TBH I think OP might be better to get on with it and split the proceeds down the middle - any arguing about maintenance  / costs to date is just going to cost £££ and lead to huge delays
  • Whilst agreeing the best way forward is to sell the property and whilst having no legal training myself,it's clear most posters on this thread do and some good advice has been metered out which seems to be significantly more than the OP,or his late parents have received in the past but that notwithstanding,the OP's current situation financially,through no fault of his own, seems the issue holding back forward progress,and the unwillingness of his stray brother to contribute to what is in fact his own property too serves to compound this profoundly.
    The OP is clearly in some difficulty financially and not only has his own family to support,may I ask the OP what his brother's financial situation is? Is there a reason for his failure to assist financially?
  • xylophone said:
    But presumably brother could sign something to say "I'm happy for charlie to get on with the sale", and a letter along the lines I suggested earlier might be helpful / needed? 

    It seems that the brother is eager to get on with the sale - I am not sure whether the OP has yet told his brother that they are T-i-C of the property and that they can actually get  the place on the market.


  • xylophone
    xylophone Posts: 45,994 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, have you explained to your brother that you own the property and can proceed to selling it?
  • Hi Xylophone,yes it seems he assisted in the arrangement for the house being turned over,having phoned around the family according to my uncle my brother sought advice from him regarding gifting a property as he had just gone through the same process and related it back to my mother who later contacted my uncle for more information.
    And iloveraindrops,my brother is married,both he and his wife work,he has no children and lives in a rent free cottage tied to his job,he also owns another property which he rents out.
    Charlie
  • xylophone
    xylophone Posts: 45,994 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Then are you going to put it on the market? And if he knew it had been gifted, why on earth didn't he tell you?
    And in view of the very small amount that remains in the name of your father/mother, will you be visiting the bank to close the accounts?
  • Yes Xylophone,it will go on the market at the earliest opportunity,the remaining accounts will be closed,having a few issues with the post office but nothing serious,
    I am at a loss as to why he never informed me of the gift of the property,he's 14 year's my senior and always played the older brother card,I could hazard an educated guess from conversations and comments made as my parents got older I think it would be fair to say my brother was edging them towards a care home/sheltered accommodation,something he knew I would never allow and something I always promised would never happen as the thought terrified them both and it never did,my wife and I cared for them in their home of sixty years until they passed.
    Charlie
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