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How long am I allowed in my parent’s house, after their passing?

2

Comments

  • We don't need to tell you how difficult it is to start a business and get it generating big bucks in next to no time. Do you really need the added pressure of your brother breathing down your neck, and potentially having either a court case (which you would lose) or a rushed house move distracting you from the business?
    If you'd posted a thread here saying "My brother and I have inherited a house, he wants me to wait at least three years to sell while he starts a business and generates sufficient consistent profits to qualify for a mortgage, he hasn't had any business or money for the last four years, what should I do", most people would tell you that the business is pie in the sky and they need to either force a sale now, or write off their half-share of the property indefinitely. 
    I would echo Marcon's suggestion of taking in lodgers to give your brother a return on his half-share. Or move out completely and rent out the whole property, splitting the income, and using your half to rent. That is the obvious solution that a) treats your brother fairly b) allows you to hold on to the option of buying out your brother's half at some indefinite point in the future.
    Renting the place out may cause as many issues as it solves. Being a landlord comes with a lot of responsibilities and if I was the OPs sibling I would not go along with becoming a landlord as I would be financial tied to them for an indefinite period, would be jointly responsible for insuring the house is maintained to a standard that keeps it within the law, have to start doing self assessment returns and possible having to deal with evicting bad tenants. 
  • silvercar said:
    Quickest way to get a mortgage would be employment rather than opening a business. A fixed income as an employee plus a side income from your business will look better to a lender.
    As silvercar said, getting a job is the quickest route. Getting a mortgage is as self employed / director of a busiiness is difficult at the best of times but at the moment its nightmare  
  • Skiddaw1
    Skiddaw1 Posts: 2,297 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    I know this might be hard from an emotional point of view, but practically would it not be better for you to actually look at using your inheritance to find a place of your own in a smaller property that would be a lot cheaper to run? Would their be sufficient assets in the estate to allow you to do this without the need to get a mortgage, or at least only need a small one?

    Assuming the estate is a 50/50 split then eventually you are going to need to resolve this so your sibling gets their share of the estate. You can certainly stay there until any sale goes through, but although he cannot force you out without a court order it would not be good to let it get to that stage as it would be expensive financially and wreck your relationship with your brother.

    It does not look like you have even seen the will, do you actually know who the executors are?

    I second the above.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Hi, sorry to hear of your two losses, so near together. It's a lot to cope with and don't forget that your brother has also suffered the same losses. It's difficult to sort out practical matters when you've suffered one bereavement but you and he have suffered two.

    I don't suppose there's any possibility of you being able to actually speak to your brother at all? 

    You say "I need to start up a new business and make it very profitable, very quickly. Something I’ve achieved in the past, but there’s no guarantees of course."

    But that is a lot to take on or even think about, when you are in the grieving process. You may have achieved it in the past but you are also wise enough to realise that there are no guarantees and you've suffered two significant losses in your life.

    I'd be tempted not to do anything in a rush right now. Unless it's to reach out and speak to your brother. You both need time to adjust to having lost both parents. You also say of him "
    He’ll be eager to have the house sold so he can get his 50%" - do you know that for a fact? 

    It might be time to offer an olive branch to your sibling. You are from the same parents, you have to have something in common? However small.

    My brother and I aren't particularly close and we don't live near each other either but we can at least have a civil conversation and we do care about what happens to each other.

    That's the only way you're going to find out what he wants, needs or wishes. Once you know that, you can talk with him about what is reasonable and what isn't.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are not going to get a mortgage without 2 or 3 years accounts from your self-employment that demonstrate the ability to service the mortgage. I don't know what your current employment status is, are you already self employed? 
    No free lunch, and no free laptop ;)
  • Why don’t you have your brother make a tenancy agreement for his portion of the house and you make a claim for the housing element of universal credit.

    You will be allowed one bedroomed single person LHA rate for your area/council.

    He may let you stay there indefinitely or at least for the next 12 mths to allow some time to  grieve in peace.
  • @Deisel_Weisel what are your thoughts now, update the thread please.
  • sammyjammy
    sammyjammy Posts: 7,994 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Why don’t you have your brother make a tenancy agreement for his portion of the house and you make a claim for the housing element of universal credit.

    You will be allowed one bedroomed single person LHA rate for your area/council.

    He may let you stay there indefinitely or at least for the next 12 mths to allow some time to  grieve in peace.
    Never going to happen!
    "You've been reading SOS when it's just your clock reading 5:05 "
  • Why don’t you have your brother make a tenancy agreement for his portion of the house and you make a claim for the housing element of universal credit.

    You will be allowed one bedroomed single person LHA rate for your area/council.

    He may let you stay there indefinitely or at least for the next 12 mths to allow some time to  grieve in peace.
    Never going to happen!

    Why not?
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 28 November 2022 at 10:29AM
    Hi

    I've read this thread when it first appeared.

    Correct me if I many have misremembered what one of my clients was telling me many years ago.

    TThe client/lady lost her husband years ago and became good friend with another bloked when they were in their 60's - then the bloke moved in and when I saw them they'd been living together for about 10 odd years. She said that she had got it in writing that if she was to die first, her children would not be able to sell their property or charge rent to her partner as long as he was alive and wanted to live there. Is there anything like that legally binding in England? 

    Sorry OP re your loss but if I was your brother, I'd want a clean cut so no rental, ifs or buts. Please try to see it from his side
    Good luck
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