My brother wants to sell his share in our parents home

Emily_Joy

Herzlos said:

Emily_Joy said:

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?

We - my husband and I - would have the finances to buy my brother out (or to help my parents to buy it out). What I don't know is how to agree on a sensible price. Our mother gifted her share of the house to my brother over 10 years ago when he had health issues and my mother was worried sick he will never be able to work.

You buying out the half is going to be the easiest, but I wonder if it's worth considering if your parents need/want a 3 bedroom house given your father is 80. Is it suitable for his current/perceived needs? Would they benefit from downsizing to a ground floor flat? He's attached to the town but that doesn't mean he couldn't move within the town.

I say that because I know a few 80+ year olds who are still in 3/4 bed detached houses and struggle with the upkeep but adamantly refuse to consider more suitable alternatives.

There is a fair piece of land as well, and I think while they are still enjoying the land/the garden they worked on for over 30 years, it is better for them to stay. For instance this weekend our Dad was trimming quite tall trees growing there himself (and our Mom sent me a few photographs of him on a ladder).

GibbsRule_No3.

Does the fact that the house the brother bought is attached to the house, he now wants to be sold, have anything to do with this request to sell the 50%, is he hoping to buy it as well? The opening thread mentioned joining the two.

EssexHebridean

Different houses Gibbs - the parents house is in Scotland, the semis that the brother bought were in England IIRC.

Disgraceful behaviour from your brother Emily - that he wants to essentially profit from a gift given by your mother when she was undoubtedly under stress as a result of his health condition really does beggar belief, doesn't it. I wish you luck in resolving the situation, and hope that your brother realises what a huge rift in the family he is about to create. 

ThisIsWeird

Can you recall the conversations at the time, Emily; what were the intentions of this half-transfer? Any talk from your dad along the lines of, "Of course, we'll want to live here for as long as we can, so obviously it won't be sold until we decide to move out..."? Any 'agreement' from your bro?

EssexHebridean

The problem is, I suspect anything like that is going to be meaningless anyway - allowing that there is no way that any reasonable person would see that gift as being given with any sort of expectation that they would then simply force a sale and bank the cash down the way. 

Allowing that it is to be assumed (hopefully!) that Emily will now be inheriting the remaining 50% when the time comes anyway, the best result to sort the current situation might be that if she can afford to buy the brother out now, at least that will remove the stress from the parents. I have to say though if I were in that position, I would want the property to then be registered as joint tenants for her and her Dad, in order to ensure that it cannot for whatever reason be willed out from under her along the line. 

GDB2222

I don't want to be judgmental, as I haven't heard the brother's side of things.

The practical point is that the brother owns an interest in the parents' house. He's entitled to sell that interest, and he now wishes to do so. The only questions left are:

1. What's his interest worth on the open market?
2. How much will he accept for it from a family member? 

The value within the family might be quite different from the open market value, as it could take into account all the points that have been raised above, including money he's already been given.

user1977

Emily_Joy said:

user1977 said:

Ultimately yes, any joint owner can require a sale.

When we were looking for a house to buy, we were advised to stay clear of the properties when there are family issues (such as divorce/separation) as any of the owners could stop the sale if they change their mind and it could go on forever. How exactly does one require a sale?

The court order is called an action of division and sale. Some info in the link below or you can search other resources for it. As others have said, it's really a last resort, and in practice the threat of involving the courts is usually enough to make the owners reach consensus:

Shelter Legal Scotland - Cohabiting owner occupiers and sale or disposal of the home - Shelter Scotland

Emily_Joy

Alas my sister in law, my brother's wife is a lawyer. She already took her mother to court over a holiday home in Spain ..  and won. So court action is probably and empty thread.

HampshireH

Emily_Joy said:

Alas my sister in law, my brother's wife is a lawyer. She already took her mother to court over a holiday home in Spain ..  and won. So court action is probably and empty thread.

They sound delightful😳

cannugec5

Emily_Joy said:

Alas my sister in law, my brother's wife is a lawyer. She already took her mother to court over a holiday home in Spain ..  and won. So court action is probably and empty thread.

I was going to ask if you thought there was any chance your brother was being encouraged/persuaded to take this course of action. 

I think you have just answered the question. 

It feels to me  as if your brother is being railroaded. 

I think delaying tactics need to be deployed to enable a sensible perspective for your brother and prevent any action he would regret.