father and brother bought house together, live together, what am I entitled to in inheritance?
PatrickM47
Posts: 6 Forumite
My father and brother purchased a house together several years ago. My brother put in a minimal amount of deposit as he had never owner property before and was too reckless to have savings and he also didn't have a job that allowed him to afford his own mortgage. My father put in the bulk of it. They paid off the (v small) mortgage together. My brother doesn't do any caring etc for my father and it is my father who does most of the work around the house, pays many of the bills, cleans etc. My brother is, and always has been, a scrounger (he lived with my father before this and just lived rent-free like a teenager all of his life before they bought this place together). I stand on my own two feet, have my own home, have helped my father a lot financially etc. I am rather concerned that when my father passes away my brother will get everything. This would be a kick in the teeth as my brother has always been supported by my father (sheer laziness, no disability or suchlike) and I have never received anything. My father has expressed multiple times that he does not want my brother to inherit the house alone, but I am not sure what will/plans are in place and what is legally possible anyway, considering my brother has lived in the house for a significant amount of time, is named on the mortgage etc. They are in England. I'd appreciate help now so that there isn't a dispute further down the line.
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PatrickM47 wrote: »My father and brother purchased a house together several years ago. My brother put in a minimal amount of deposit as he had never owner property before and was too reckless to have savings and he also didn't have a job that allowed him to afford his own mortgage. My father put in the bulk of it. They paid off the (v small) mortgage together. My brother doesn't do any caring etc for my father and it is my father who does most of the work around the house, pays many of the bills, cleans etc. My brother is, and always has been, a scrounger (he lived with my father before this and just lived rent-free like a teenager all of his life before they bought this place together). I stand on my own two feet, have my own home, have helped my father a lot financially etc. I am rather concerned that when my father passes away my brother will get everything. This would be a kick in the teeth as my brother has always been supported by my father (sheer laziness, no disability or suchlike) and I have never received anything. My father has expressed multiple times that he does not want my brother to inherit the house alone, but I am not sure what will/plans are in place and what is legally possible anyway, considering my brother has lived in the house for a significant amount of time, is named on the mortgage etc. They are in England. I'd appreciate help now so that there isn't a dispute further down the line.
You will inherit whatever your father leaves you in his will - it could be everything, nothing or something inbetween. If he dies without leaving a will then the rules of intestacy will apply.0 -
Thanks so much for your response. So it doesn't mean that because they live together and paid mortgage together and (techinically) bought together (although my father put the cash in from his previous home) that my brother will be considered to own it? I have read about different types of tenancy and I am concerned that he will be considered the full owner after my father dies, because of his (small) contributions. I'm not evern sure how much of what each of them contributed is on record. My father confides in me about difficulties with my brother and doesn't want him to continue freeloading so I can let my father know what to do to ensure my brother doesn't get everything (for what it's worth, I would rather my father sell up when alive and enjoy holidays and life's luxuries for the latter years. But whatever happens I don't want to see my sponging brother get everything as he has done all his life). Will he have to leave so it can be sold?0
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The other issue is how the house is owned. If they purchased as tennants in common they will each own a portion of the house, and you father’s share will be be distributed as per his will or under intestacy rules if he is daft enough not to have one. If the property is not owned 50/50 then a deed of trust should have been drawn up to show the actual split.
If they own the house as joint tennants then the surviving owner will automatically own it out right.
For a small fee you can check the land registry to check on the ownership status (if no restrictions are shown it will be a joint tenancy.0 -
You will inherit whatever your father leaves you in his will - it could be everything, nothing or something inbetween. If he dies without leaving a will then the rules of intestacy will apply.
What your father will have to leave you in a will or intestacy will depend on how they own the house: tenants in common or joint tenants and if the former in what proportion they own the house.But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll0 -
If they are joint tenants (I'll give my father this information tomorrow) and no agreement was drawn up then can something be put in place now to prove how much they each contributed/own? Any further advice is very welcome. My brother is rather unkind to my father, who has done everything for him. My brother is a !!!!!!!!!! and lets others pay for him (my father, partners etc) and it is time he stood on his own two feet. He is a very selfish person and I'd rather my father lived his latter years blowing all he has worked for on a good time, to be frank. I only care about getting anything at all if my brother is to get everything (as usual!)0
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There are a few searches available and I am not sure which of them would tell me if it's tenants in common or joint temants. There is a three pound basic search which states who the owner is and how much was paid but it doesn't say if that search provides the extra information. Could someone point me to the correct search? Thank you very much.0
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A deed of variation could be drawn up, but both would need to agree to it alternatively he could leave it at the default 50/50 and he could simply leave his share to you.
If the house is owned as joint tennants, then he can convert to TiC without your brother having to agree. He really should take legal advice, both about the ownership and to make sure he has an appropriate will in place.0 -
what are the pros and cons of a deed of variation vs a TiC conversion?0
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is there any chance that if it were left as joint tenants (if that is the case) that my brother woundn't automatically get everything? If my father's will said otherwise, perhaps?0
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As I understand it, Joint Tenants means that that they both own 100%, regardless of who paid what. So one can't leave their portion to someone else, as their is no "portion" to leave. The surviving owner continues to own 100%.How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)0
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