We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
My brother wants to sell his share in our parents home
Options

Emily_Joy
Posts: 1,491 Forumite

Until July this year my brother owned (1) 50% of the house where we grew up - our parents currently live there; our father owns another 50%, there is no mortgage, the house is in Scotland. (2) 3-bed semi-detached outright. In July he bought the house on the other side of the party wall, aiming to join the two houses. He got a mortgage at about 45% LTV. These are in England.
Now my brother wants to sell his share in the house where our parents live and to pay the mortgage off. Our father is over 80 and doesn't really want to move - he knows a half of the town and wants to stay in the house. Our mother is much younger and will stay with him.
My question is - what are his legal options? Can my brother force our father to sell the family home?
0
Comments
-
Emily_Joy said:Until July this year my brother owned (1) 50% of the house where we grew up - our parents currently live there; our father owns another 50%, there is no mortgage, the house is in Scotland. (2) 3-bed semi-detached outright. In July he bought the house on the other side of the party wall, aiming to join the two houses. He got a mortgage at about 45% LTV. These are in England.Now my brother wants to sell his share in the house where our parents live and to pay the mortgage off. Our father is over 80 and doesn't really want to move - he knows a half of the town and wants to stay in the house. Our mother is much younger and will stay with him.My question is - what are his legal options? Can my brother force our father to sell the family home?
Why does your brother own half a house he doesn't presumably live in?3 -
Ultimately yes, any joint owner can require a sale.2
-
Does beg the question as to how and why this arrangement arose in the first place, And unfortunately, some of the consequences when people don’t think things through.Knowing that your father can’t afford to buy him out, is your brother genuinely expecting him to move? Ultimately, if your father declines, it would have to go to court. Is that a step your brother is willing to take?Is your mother working and is she in a position to help financially, given that you say she is much younger.Without the full picture, it does feel like your mum who is rather been left in the lurch with all this, having the marital home given away from under her.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.5 -
As @user1977 says.I assume that your brother has not been receiving rent on his half of the house your dad lives in. Now, because of this recent purchase, he is paying substantial interest on his mortgage. So, you can see that this must irk. With mother being so much younger, that situation could easily continue for many years.Maybe, the solution is for dad to start paying some notional rent on the half of dad's house your brother owns. The fairness of that depends on how you got into this situation. I would suggest less than market rate rent, as your brother is not providing a full landlord service.No reliance should be placed on the above! Absolutely none, do you hear?1
-
Emmia said:I'm going to presume your father doesn't have the finances to buy your brother out, which is the obvious solution.
Why does your brother own half a house he doesn't presumably live in?
0 -
user1977 said:Ultimately yes, any joint owner can require a sale.
1 -
Emily_Joy said:user1977 said:Ultimately yes, any joint owner can require a sale.No reliance should be placed on the above! Absolutely none, do you hear?1
-
When our Dad learnt that my brother bought the second house, he gifted him about £10K "to contribute to renovations". About a month later my brother announced that he wants his share in the family home sold.Maybe, the solution is for dad to start paying some notional rent on the half of dad's house your brother owns. The fairness of that depends on how you got into this situation. I would suggest less than market rate rent, as your brother is not providing a full landlord service.
0 -
GDB2222 said:As @user1977 says.I assume that your brother has not been receiving rent on his half of the house your dad lives in. Now, because of this recent purchase, he is paying substantial interest on his mortgage. So, you can see that this must irk. With mother being so much younger, that situation could easily continue for many years.Maybe, the solution is for dad to start paying some notional rent on the half of dad's house your brother owns. The fairness of that depends on how you got into this situation. I would suggest less than market rate rent, as your brother is not providing a full landlord service.1
-
What a mess, I don't understand why gifting your brother half a home was going to help him if he never worked again, if the brother is now well and able to work, indeed by a house I would suggest he gift it back to your mother!
Assuming thats never going to happen the plan of pay brother rent on the 50% he owns would keep them in their home."You've been reading SOS when it's just your clock reading 5:05 "4
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 599K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards