Information on tenants in common please.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82186939#Comment_82186939

Hadnt picked up on the fact the grandkids live in the property, that makes it more complicated and less likely the court would order a sale, the legislation gives specific requirement for the judge to consider the welfare of minors

if you all agree its 25% each then with or without a deed the court will apply that but if your daughter sides with her husband its a split vote and minors involved. If she sides with you then its a majority vote but the minors are an issue. If anyone disagrees its 25% each then contributions will be considered.

gwynlas

Sorry to hear hat you are in this position but it sounds as though the house needs to be sold.it is a shame that the aging process was not considered at time of purchase.

Looking at the situation from what you have said there is a main house plus a rather large extension which is unfinished due to lack of finance which would remain the case even if daughter and husband could afford to buy you out. If this remains unfinished itt is likely to deteriorate and drag down the current value of the property.

Does your daughter support her husband and wish to continue to live in an isolated area where presumably children have to be ferried to school and every social activity? If you move out then all this would fall on her if husband incapable from alcohol use.

If son in law refuses to engage then you must seek a legal remedy and any court having thought of childrens welfare would want then housed away from what could rapidly become a toxic environment

mumtoomany

Hi, @gwynlas. When we first bought the house, we all agreed that at some point in the future, they would buy us out. Of course, foolishly, this was not put in writing anywhere. At the time we were both only in our 50s and in good health.

You have the situation spot on. The extension is just a shell really. I can't see it being finished, unless we all move. Because it's unfinished the house insurance is around £100 a month! Nearly £3000 a year council tax. High electric and calor gas bills. Yes the older 3 children all need transporting to and from school, scouts, cubs, etc. Sometimes by their grandad/tadcu.

Daughter is torn between supporting her husband and condemning his behaviour. Hoping this will all be sorted soon. Hugs, mumtoomany.xx

elsien

Regardless of anything else, the reality is that even if you put it on on the market, no one is going to want to wait for a house when there is an ongoing dispute which could potentially go on for a long time.
Continuing to try to come to an arrangement it’s going to be the most effective way. Perhaps son-in-law is struggling to come to terms with the fact that their plans and money have effectively gone down the pan.
what will they need to start again somewhere else realistically speaking? And is that doable with their debt levels?

sheenas

https://forums.moneysavingexpert.com/discussion/6688664/information-on-tenants-in-common-please

This is the issue with such arrangements. Selling a property with a dispute ongoing is difficult and therefore even if it was possible to sell your half it's complicated. I assume they are paying nothing toward the propery and it's maintenance.

The question is who and how exactly how did you leave and who . Is it your daughter or or both of them in separate shares maybe?

The other option is maybe using you share of the house as security. That maybe something to investigate.

I am aging myself and understand you issues. Sadly I can't see an easy option other than talk to your daughter and explain the situation. Maybe talk about the contributing towards the costs of running the place as a leaver.

mumtoomany

Hi, @sheenas and @elsien. Thanks for the replies. Daughter and her husband pay half of all the bills, as does we. S-i-l does not seem to care that the extension is not finished and is deteriorating. Daughter would love it to be finished, but they have no money. She has not said how much debt they are in, but has said that she wants to start paying it back at several thousand pounds a month, once her maternity leave ends. This is if he does not spend more and increase it!

I agree, this all needs sorting before it is marketed.

I will keep you all updated, hugs, mumtoomany.xx

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/82187142#Comment_82187142

If you move out then all this would fall on her if husband incapable from alcohol use.

This is somewhat of an assumption based on what the OP said. She said he spent a lot of money, some of which went on alcohol, and that he was difficult to discuss things with. I do not think there has been any implication that he is neglecting the children or his family duties. He might be, but that has not been stated unless I have missed that bit. .

lincroft1710

Even if you come to an agreement/court order to sell the house, you may be waiting a long time for a buyer, given the condition and location of the house

mumtoomany

Hi, @Albermarle, you are correct, he does not neglect his family duties.duties. The children all adore him. He will spend hours talking to them, explaining scientific principals, foreign languages and how they link to English, nature, etc. A large portion of the money he spends is on them, eg. taking them out to nature reserves to see birds with the expensive binoculars and to photograph them with the fancy cameras they all own, while wearing top of the range waterproof gear and carrying expensive bags to put it all in. They have been away on three uk holidays so far this year. He is devoted to them and his wife. But, he drinks far too much, upto 10 bottles of wine a week! And is not doing anything to complete the building site next door. As a father he cannot be faulted, as a financially savvy human he leaves a lot to be desired. Hugs, mumtoomany.xx

mumtoomany

Just reread the last post. I may have painted him in too good a light. He is indeed devoted to the children. But rarely speaks to my OH, and almost never acknowledges my presence. Yesterday I told him I'd turned their washer of as it was making a horrendous noise. Having checked it, he stated grumpily that it was just unbalanced, and implied I should have left it. I later overheard him telling daughter he'd overloaded it. This morning I told him that OH had put a letter on the freezer for him, that had been in the post box. He did not even make eye contact, just picked it up and went into their room. Sometimes I think I'm on the Marie Celeste. Difficult to live like that. Mumtoomany.