Worried / advice

duns.53

Hello

First Post

My Parents have both passed away. They had 3 Sons (Im one of them). They owned a house which we all grew up in. One of my brothers is on the Mortgagte Deed with both parents as he always paid the mortgage. Now my other brother is asking for what he says is his share as the house is being sold. This brother hasnt contributed to anything financially be it mortgage or anything. Is he entitiled to anything? My other brother as mentioned is on the mortgage deeds along with our parents names, nobody else. The Mortgage deeds are now in my brothers name soley. Does my other brother have a claim as no will was left by either parents. The brother in question moved out 10 years ago.

Thank you

floss2

I would suggest you contact either Citizen's Advice or a solicitor about how an estate is divided up when there is no will to clarify the position to all 3 of you.

Strapped

I think your brother may have a claim. My mother in law passed away earlier this year, and she co-owned her house with one of my husband's brothers. My hubby and his other siblings had to sign something to say that they were happy for his brother to inherit the remainder of the house as she had not left a will (or at least, not a legal one which is another whole discussion). Sorry if that's not what you want to hear. I'd seek legal advice asap.

mountainofdebt

Wouldn't it depend on whose names were on the deeds and how the house was owned?

What I mean is if the brother (who was named on the mortgage) was also named on the deeds then depending on how the house was owned i.e whether it was joint tenants (with your late parents) - which I think means the ownership of the house passes to him - or if it was tenants in common where your parents owned a percentage in their own right and your brother owned the remainder then only the percentage owned by your parents forms part of their estate.

The fact that neither parent made a will means the rules of intestacy come into play so I guess it is a pretty important point regarding who was actually named on the deeds and how it was held.

(btw I thought that it was a point that anyone named on the mortgage had to be named on the deeds)

hobo28

Did your brother sign a deed of trust which places the house in "Tenants in Common" status?

If not, the house now legally belongs to the brother who is on the deeds. If he did then the percentage which your parents "owned" can now be split as per any will.

Dan_Thunder

I'd imagine that, if brother No1 has been paying the mortgage then the most amicable way of working out each son's amount is to work out how much of the mortgage he's paid off as a percentage and then whatever percent is left is split 3 ways between you all when the house is sold.

jamjar,

http://www.taxationweb.co.uk/forum/

If you post your question on here it may help.

duns.53

Thank you for all your replies.

My Brother spoke to the solicitor today and he is on the deeds as "joint tenant"