brother won't pay for my share of house

M

mary12

Registered User
Messages
12
My parent's died over a year ago and there was no will left. My brother is living in the family house. As there was no will we decided to get the house into my brother's name and also my two other sister's name as well. As there are four of us that would mean we would be entitled to a quater share each. We got the house valued as paart of the process and it was values at two hundred euro's. The thing is i don't want to get the house into my name, instead i want ten thousand euro's for my share, and i would sign my share over to my brother since he is living in the house. My two sisters paid 2,500 euro's each to help my brother out and he is suppose to pay the remaining 5,000. The thing is the solicitor is now ready to draw up the papers in order for me to sign my share over to my brother, but my brother says now he will not pay the 5,000 euro's. Any advice would be very helpful.
 
You can always give the €5,000 euro back to your sisters and get the house registered in the four names. If he changes his mind in the future you can transfer your share then.
 
Am I right in saying you are offering him your 1/4 share of the house worth €200,000 for just €10,000 and he won't give it to you?

There is no need for you to get the house in your name, the administrator needs to distribute the funds...it is possible for you to agree to the above, but there is no obligation on you to do so. And if your brother can't/won't, he can be forced to sell the house to realise the cash.
Why not talk to the solicitor and say that you aren;t signing anything until he has provided the cash? You seem to have made a very genorous offer which your brother is throwing back in your face !
 
I will hold tough for another while in the hope that he might change his mind. The solicitor agrees that i should not sign over to him if he is'ent willing to part with 5,000 euro's for half of the house .
 
mary12 said:
The solicitor said it would cost alot more money to do that.
Click to expand...

It will cost more in legal fees but it would mean that the property is transferred over into at least 3 of the correct names.

You are the one giving your brother a gift valued at €40,000. If he doesn't want to take it then thats his problem.
 
Who and how can he be forced to sell?
Click to expand...

This was the parents home which, as they died intestate, is the equal property of each of the children. Therefore the OP is intitled to 1/4 as are each of the siblings. So either it is sold & split or someone buys the others out - if they can't buy them out, the property should be sold by the administrator/executor....with or without his permission. Appear the OP doesn;t want to do this (their decision)
 
sam h said:
This was the parents home which, as they died intestate, is the equal property of each of the children. Therefore the OP is intitled to 1/4 as are each of the siblings. So either it is sold & split or someone buys the others out - if they can't buy them out, the property should be sold by the administrator/executor....with or without his permission. Appear the OP doesn;t want to do this (their decision)
Click to expand...

This is assuming that the brother isn't the administrator! In any event there is nothing to suggest that any of the family want the property sold.
 
Has your brother said why he won't pay €5000 or does he see the house as his entitlement (as he is the one living there). If the house is transferred into four names, should he marry and have a family (unless this is already the case), complications will arise when he needs you and your sisters consent to use the home as security. Is he aware of the complications which will arise? Would he be willing to see a solicitor who would explain the implications of his inaction?

If the home is transferred into three names, the above will apply regardless. Perhaps he realises this and he doesn't see the advantages/value of a three way instead of a four way split? Is there anyone (not involved with the family) who may be able to reason with him?
 
Thanks for your responce. no my brother is not married, he dosen't see it like that, he just thinks he should have the house because he is living there and not have to pay anything.
 
If your parents wanted your brother to have the house , then they would have made a will and left it to him. You are being treated badly by your brother, I think you are being very generous to him and he is not grateful. Can he not afford to buy you out or is just being awkward?
If it doesn't matter to you , maybe it would be better to just leave it as it is and get your name on it. But if this isn't what you want, well then you must get good legal advise and be prepared to take him on. It all depends really on what you want. However , if you feel that you will always regret this then you have to seriously think about your options. In the meantime, withdraw your offer to your brother, he doesn't appreciate you.
 
mary12 said:
Thanks for your responce. no my brother is not married, he dosen't see it like that, he just thinks he should have the house because he is living there and not have to pay anything.
Click to expand...


Your brother doesn't seem to understand the legality of the situation, you are all entitled to your fair share of inheritance.
 
just hypotetically, if the 3 girls lived abroad and the son stayed at home looking after the parents for years, would aam'ers feel that he morally(if not legally)would be entitled to more than a quarter share if his parents died intestate? i'm not suggesting for a moment that it's the case here
 
This is assuming that the brother isn't the administrator! In any event there is nothing to suggest that any of the family want the property sold.
Click to expand...

I believe there are legal recourses to ensure that the estate is administered in a manner that is fair to all the benificiaries, so even is he is the administrator, this should not affect the others getting what is fair to them. As I said above, it appears the OP is happy not to sell the home & just wants a nominal amount for their share of the property, yet the brother appears to be unreasonable.

just hypotetically, if the 3 girls lived abroad and the son stayed at home looking after the parents for years, would aam'ers feel that he morally(if not legally)would be entitled to more than a quarter share if his parents died intestate? i'm not suggesting for a moment that it's the case here
Click to expand...
Hypotetically, we could come up with various situations (eg-brother lived at home & never did a tap for the parents, should he get nothing???)....the OP appears to have good reason for foregoing their share for a nominal amount, which is their decision.
The courts are full of caselaw that is not morally correct, but legally is. (Personally, I would have no problem with a sibling who cared fulltime for a parent/s to receive the family home)
 
Hi Mary12, I would now re consider the situation you are in. You are asking for a lot less than you are entitled to and your brother refused. As I understand from other posters advice you are entitled to on quarter share of the equity of the sale of the house and indeed the sale can be forced. Force the sale and get your proper inheritance. You are entitled to your inheritance for you and anyone that you care for. Toughen up and go get what is yours. There may come a time in future that you regret not doing this. Good luck.
 
Hi vanilla, cause his my brother and i don't want to go to hard on him, theres no way he would ever be able to come up with 40k.
 
nesbitt said:
Hi Mary12, I would now re consider the situation you are in. You are asking for a lot less than you are entitled to and your brother refused. As I understand from other posters advice you are entitled to on quarter share of the equity of the sale of the house and indeed the sale can be forced. Force the sale and get your proper inheritance. You are entitled to your inheritance for you and anyone that you care for. Toughen up and go get what is yours. There may come a time in future that you regret not doing this. Good luck.
Click to expand...
 
You must log in or register to reply here.
Back
Top