Well is it true that the rental would be a lot more if you were not there? Because a court might put a figure on the lost benefit for him.
Those tenants don't even sound like rent a room to me. Sounds more like shot term student letting.
Well is it true that the rental would be a lot more if you were not there? Because a court might put a figure on the lost benefit for him.Yet he goes on about how much more rental potential if I moved out. I do everything with regard to tenants. Generally they are short term during study term. I advertise, respond to emails, meet prospective tenants, do all the cleaning of rental area, wash duvets et when a change over, deal with any issues that arise and so on. He does zilch. So I think I earn my keep!!
In most cases where it's left equally to them both with no stipulation on a sale in the will all parties have to agree to sell it. There is an option to seek a court order mandating the sale of a jointly inherited property, but that can be very costly if contested. In this case though the OP doesn't want to sell.If you and your brother each inherited a half share of the house then you could legally insist on the house being sold.
In most cases where it's left equally to them both with no stipulation on a sale in the will all parties have to agree to sell it.
Yep, we were about to close on a house a few years back where one sibling changed their mind on the sale last minute. EA said the disagreement was getting very bitter. I noted the house only sold a little over two years later.I’ve seen siblings fall out over squatting and I don’t want to bequeath my own kids a dispute.
I see what you are saying about a court award for rental of my space. If this doesn't drag on, it wouldn't amount to major money. By law, I am entitled to live here for free and so is he. He knows he can move in here anytime and has chosen not to, despite constantly threatening it. He could just as easily rent his own home, live here for free and picket all the rent from his property.Well is it true that the rental would be a lot more if you were not there? Because a court might put a figure on the lost benefit for him.
Those tenants don't even sound like rent a room to me. Sounds more like shot term student letting.
OK I see re the 2 years later after one changed mind. What is EA?Yep, we were about to close on a house a few years back where one sibling changed their mind on the sale last minute. EA said the disagreement was getting very bitter. I noted the house only sold a little over two years later.
I'm not squatting. By law I have a legal right to live here rent free. The reason my mum didn't stipulate sell as she wanted me to have a home here. She would never have dreamt that her son would act this way. There were 4 of us so I think she had an expectation that we would look our for each other. I'm as flabbergasted as she would have been, with his unexpected behaviour.I plan to leave my house to my kids equally but with a stipulation to sell to avoid the above scenario.
I’ve seen siblings fall out over squatting and I don’t want to bequeath my own kids a dispute.
To clarify "there were 4 of us". My other w siblings are deceasedI'm not squatting. By law I have a legal right to live here rent free. The reason my mum didn't stipulate sell as she wanted me to have a home here. She would never have dreamt that her son would act this way. There were 4 of us so I think she had an expectation that we would look our for each other. I'm as flabbergasted as she would have been, with his unexpected behaviour.
Our arrangement could have worked very but, alas, I cannot continue with the control and his constant mind games. I'm determined to see this through in whatever way is legally possible. I already mentioned that I am not and never have been about money. .Its a secure home in my retirement without having to answer to anyone. That's all I want and he knows that. He made buckets of money while I gave up my life, career, my relationship suffered as did my mental health. Lost 10 years of income and a very reduced pension ( which only kicked in last year) to look after my late mother. I saved him the loss of thousands in inheritance and outgoings as we only paid for home care for me to get breaks. Although, she only died 4 years ago, his only response was : "that's historic".
Well I actually don't know if he doesn't want to sell. He made it quite clear last week thst he is in control of the 4 scenarios he mentioned and he can change his mind on any if those scenarios at any stage of proceedings. They were, sell to me, not sell to me, put in open market or he will buy me out. When I pressed him, he has agreed to make a decision within 6 months. Several previous discussions over 2 years, , he always skirted but agreed 3 times that he would sell to me and he never mentioned any other options.That all changed last week after 2 years twoing and froing.In most cases where it's left equally to them both with no stipulation on a sale in the will all parties have to agree to sell it. There is an option to seek a court order mandating the sale of a jointly inherited property, but that can be very costly if contested. In this case though the OP doesn't want to sell.
It's not "tenants in common" which would mean half ownership each. It's "joint tenancy," which means we both own the full property. My mum did that deliberately thinking I wouldn't ever be in this situation with my brother!!If you and your brother each inherited a half share of the house then you could legally insist on the house being sold. You would just then have to put in the highest bid to buy the house.
I gather that this is not the case as you have a right of rent free residency, for a while at least. Perhaps you could clarify this in respect of what you and your brother is entitled to do with the house in addition to your half ownership?
There are only 2 options, sell or not sell.They were, sell to me, not sell to me, put in open market or he will buy me out.
EA is Estate Agent.OK I see re the 2 years later after one changed mind. What is EA?
You can't buy it from yourself. You can buy out his share. He can't force it to go on the open market without your consent or a court order. If you have an explicit right to residence set out in the will, he cannot over-ride that without your consent.If it went on the open market, I can bid but fear that he will want a price off the ricther scale, then withdraw it from the market and we are back to square one. Can he force it to go on the market before I get time to sell my other propery?
The reasons I mention my financial input was because he would have to go halves if I didn't live here. He is always saying how disadvantageous it is for him, me living here, and NEVER acknowledges the advantages. I said it to illustrate his one sided view. I have no issue with paying for those things, that was not the point.You renovated the house for yourself. Obviously it adds to the value, depending on what you did. And you cannot live without a boiler. The lawnmower you purchased is a petty thing to bring up, don't you need the grass cut.
You're putting in money based on your half ownership, and on your anticipation of full ownership.
You live rent free, have tax free income, your brother has half an asset that he seems not to want, with you managing everything, so clearly he doesn't need the money, and he's on a no winner as regards the tax man later.
Are you declaring all the rent a room income on your tax return? Or just your half?
The reason I put this post up was for constructive advice before I take further steps. If you can get it, I gave him every opportunity to say what exactly he wanted and now is list of scenarios gets bigger, yet he will not say which he wants. I take umbrage with your continuous critism about "dithering" and "you only want to hear what suits you". "Refuse to budge". How can I "budge" if he won't be honest and clear?? Again I will repeat, this post was about the next steps that I can instigate. So for your benefit, I am budging!Au contraire you have dithered into 3 years. Even now instead of going legal you don't, and worse you are put up with him giving you no solutions, only complaints while you yourself refuse to budge.
You're even put in pre conditions that your sale must correspond with your purchase. With risible excuses about money, good tenants, friends, CGT, depreciation. You are not at his mercy, you can go legal. Of course the courts will order a sale. I have a sibling who has a court order for a percentage of the marital home, ex spouse either pays up or a sale will be forced. But it takes time. But I'm wasting my typing as you only want to hear what suits you.
Your suggestions would be cutting off my nose to spite my face!! If I did what you suggest, I would be legally bashed. Its joint ownership and he has rights, which I was always willing to honour.@Clamball's summation is spot on.
Make the following changes today:
1. Reduce your rent-a-room income to come out at a max 14k per annum, if that means you need to give notice to one or more of your tenants then do so.
2. Stop paying any money to your sibling.
3. Stop verbal discussions with your sibling in regards to your property; you need to learn how to set and keep your boundary on this.
4. Note, I am not suggesting that you cease all contact at this point, but let your sibling know the topic is no longer up for discussion. You can cheerfully talk about the football, politics or anything else you fancy.
It's clear that you have the right to peaceful occupation; so stick with that, collect your rent-a-room and enjoy your retirement.
As you have a joint tenancy your brother will inherit the property on your death and vice versa.