Property Dispute

Mota_22

Brie said:

OK - so again with the spreadsheet - note what your father put in and maybe note what your sibling also gained from your father just to get a fully rounded picture.  If it was me (OCD on the excel front) I'd do one version with his fraud and another without.  Just for balance.

And yes - CGT!!  Something that would affect him but not you!!  Excellent!!!

Thank you

Mota_22

canaldumidi said:

p00hsticks makes a good counter-point:

You have had the use/benefit of ownership for 20 years, without having to 'share' your occupation with him.

He has had no use/benefit of ownership for 20 years.

So really you should have been paying him for the use of his 50%, at 50% of the market rental rate.

that doesn't make any sense sorry......i have been paying all the mortgage payments and maintenance. How doe she then take 50% of something he never contributed to ?  Do you se my point 

Mota_22

GDB2222 said:

You have a choice here. Either, get together with sibling and agree something. Or, go to court, and spend a large chunk of the property value on lawyers.

i agree .....l think my next step is to mediate but this is one money hungry individual l a dealing with. 

theoretica

Mota_22 said:

canaldumidi said:

p00hsticks makes a good counter-point:

You have had the use/benefit of ownership for 20 years, without having to 'share' your occupation with him.

He has had no use/benefit of ownership for 20 years.

So really you should have been paying him for the use of his 50%, at 50% of the market rental rate.

that doesn't make any sense sorry......i have been paying all the mortgage payments and maintenance. How doe she then take 50% of something he never contributed to ?  Do you se my point 

No it does make sense - if it had all been 50/50 he would have paid half the mortgage and maintenance - and you would have paid him half rent.  Now in practice these might balance out, but they both need to be looked at.  You can't claim just the things that are positives for you (you paid the whole mortgage) and ignore the things which are negative to you (you had the benefit of living there).

london21

When money is involved, things can turn nasty quickly even with family.

Did he deposit £50k when the property was purchased 20 years ago?
Him not attending funeral etc won't be taken into consideration with such matters, just the facts and the legal paperwork.

Hopefully things work out. 

Mota_22

london21 said:

When money is involved, things can turn nasty quickly even with family.

Did he deposit £50k when the property was purchased 20 years ago?
Him not attending funeral etc won't be taken into consideration with such matters, just the facts and the legal paperwork.

Hopefully things work out. 

He has in invested nothing. 
Not a single dime.  

He led my younger sibling to belive we would sell him the house. 

I am sticking to it whereas he now wants 50% for nothing.   

canaldumidi

Mota_22 said:

london21 said:

When money is involved, things can turn nasty quickly even with family.

Did he deposit £50k when the property was purchased 20 years ago?
Him not attending funeral etc won't be taken into consideration with such matters, just the facts and the legal paperwork.

Hopefully things work out. 

He has in invested nothing. 
Not a single dime.  

He led my younger sibling to belive we would sell him the house. 

I am sticking to it whereas he now wants 50% for nothing.   

?? and yet you said "he have invested over 50k in property."  ???

Mota_22

canaldumidi said:

Mota_22 said:

london21 said:

When money is involved, things can turn nasty quickly even with family.

Did he deposit £50k when the property was purchased 20 years ago?
Him not attending funeral etc won't be taken into consideration with such matters, just the facts and the legal paperwork.

Hopefully things work out. 

He has in invested nothing. 
Not a single dime.  

He led my younger sibling to belive we would sell him the house. 

I am sticking to it whereas he now wants 50% for nothing.   

?? and yet you said "he have invested over 50k in property."  ???

The joint owner invested nothing. 

The sibling living in property with me has. 

canaldumidi

Mota_22 said:

canaldumidi said:

Mota_22 said:

london21 said:

When money is involved, things can turn nasty quickly even with family.

Did he deposit £50k when the property was purchased 20 years ago?
Him not attending funeral etc won't be taken into consideration with such matters, just the facts and the legal paperwork.

Hopefully things work out. 

He has in invested nothing. 
Not a single dime.  

He led my younger sibling to belive we would sell him the house. 

I am sticking to it whereas he now wants 50% for nothing.   

?? and yet you said "he have invested over 50k in property."  ???

The joint owner invested nothing. 

The sibling living in property with me has. 

Thanks for clarifying that.

Grammatically, the 'he' in your original post referred to the joint owner.

Pixie5740

Mota_22 said:

london21 said:

When money is involved, things can turn nasty quickly even with family.

Did he deposit £50k when the property was purchased 20 years ago?
Him not attending funeral etc won't be taken into consideration with such matters, just the facts and the legal paperwork.

Hopefully things work out. 

He has in invested nothing. 
Not a single dime.  

He led my younger sibling to belive we would sell him the house. 

I am sticking to it whereas he now wants 50% for nothing.   

Yet your sibling remains liable for the whole mortgage debt. 

You really need to get some proper legal advice. The older sibling, regardless of any fraud, appears to be legally entitled to some of the equity. The evidence about selling to your younger sibling appears to be he-said-she-said. It is all a mess and I’d be surprised if your older sibling walks away empty handed. If he was so minded he could go to court to force the sale of property. Mediation once you and the younger sibling understand your legal position better would be preferable to dragging it through the courts.