You are dithering, and because you are not taking a firm decision your brother is toying with you. So it is up to you, not he, to make a decision. Which should be :Then another row and we both agreed he should seek legal advice.
To be honest, I feel he is playing mind games and pushing me about. You may see my dilemma. I don't care about money once I have enough to buy him out to live in my home in peace.
Have you any advice for me please?
Unfortunately this can't be resolved without both parties agreeing.Only you can end this saga.
That's a very good point. The brother has no entitlement to the Rent-a-Room Relief. Highlighting the potential for a large tax bill might lessen the appeal of a nice steady no hassle income.BTW is his income revenue complaint as regards rent a room?
Thanks Pinoy, if he can't force me to sell, then I assume the same applies to me, yet yiu said I can force him. I'm confused. Yes I will have to wait for one of his 3 scenarios!! I wanted advice now rather than wait for his decision, whatever that may be!! Thanks1- he can take as long as he wants
2-he can move in but can’t buy you out without your consent.
3-if he doesn’t want too sell,you can force him too do so.let him make up his mind and take it from there
Thanks Sue Ellen, although your advice is sound, I won't ever move. I have done enough of that!! I could call his bluff and say I will sell to him, but I'm not that kind of person. He was always welcome here as I am well aware of his possible attachment. I would have gladly continued with our arrangement but I am now in a situation where he is controlling every move I make. and making life difficult for me. I just want to buy him out and have some peace.I am convinced that when situations like this come about you are better off getting a new property of your own and walk away. As it was the original family home even if you buy him out he will always see it as such and will think that he has rights because of that.
I am now in a situation where he is controlling every move I make. and making life difficult for me. I just want to buy him out and have some peace.
Thanks Bronte, with all due respect, I think you misread para 3. I don't have the funds. Funds will be from the sale of my other property which I get a small income from.You are dithering, and because you are not taking a firm decision your brother is toying with you. So it is up to you, not he, to make a decision. Which should be :
- sell your other property, right now you cannot buy him out, so you are just as bad as he is, because in your post you say you have enough to buy him out, but you contradicted that by saying your other property sale was needed, so which is it?
- make your brother an offer in writing to buy him out (based on realistic valuations), when you have the money
- if he refuses go legal
Only you can end this saga.
BTW is his income revenue complaint as regards rent a room?
Sue Ellen, I no longer feel sorry for him. He has burnt his bridges! But I am aware of his possible attachment and he has the right to call whenever he wants. If I ever get the opportunity to buy him out, I will have to think long and hard what's best for me. As it stands he constantly says what's best for him. You are 100% correct that he is well aware of the games he is playing and dad to say he is gloatingThat's exactly what he knows hence the playing games. You have to ask yourself if you do get to buy him out, at the highest rate probably, will you ever have peace especially when you appear to feel sorry for him because of his possible attachment.
Thanks Clamball, legally I am entitled to live here rent free. When my mum died, I paid for everything. When rental started over a year ago, I paid rent to him for awhile and we shared the house insurance and LPT. Utilities are incl in rent which I share and I have a separate gas bill. I pay for the gardening, and general maintenance. Anything to do with my space I pay for eg new has boiler and rightly so. So far I have paid 40k on renovations of my space and also paid 6k for steel garden shed. I also bought lawnmower etc. I won't go into what he said about all of that, too long winded!!Do ye have a current agreement on the house you jointly own, maintenance, overheads, rent, the rent a room income.
Ideally your brother should pay 50% of all costs, insurance, maintenance, gas electricity etc., and you should be paying rent for the beneficial use of the house that he does not have. Maybe they cancel each other out? But your brother is not entitled to tax free rent a room scheme as the house is not where he normally lives.
Anyway as Brontë says - get serious.
sell your other property - get the cash in your bank
Get two/three valuations for local auctioneers
Get your solicitor to make a formal offer for his 50% based on your valuations.
If he says no and wishes to buy you out ask for a formal offer.
If he says no then you can sell to him and move elsewhere with your money or you can both rent out the whole house and use it as a source of income and you buy somewhere else.
Your brother is pushing your buttons but you have taken no steps to show you are serious about buying him out either.
Dr Strangelove. One thing I am certain of is that I will never move again. I have done enough of that. I gave up my career to look after my mum full time at this house and it is now my permanent home@frances
Sentimental reasons aside, is there somewhere else that would meet your housing needs?
I think once this is clear to yourself you can decide strategy as to how to deal with your brother.
I record everything thanks DeeKie. I think there is an Equity civil bill which provides Partition. I will get legal advice on thatGosh that’s very tough. You need to be careful about recording your outlays. I remember that there is a concept of severance of a joint property but I’m not a property lawyer so someone else might be able to say would that be an option.
One thing I am certain of is that I will never move again
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.Thanks Bronte, with all due respect, I think you misread para 3. I don't have the funds. Funds will be from the sale of my other property which I get a small income from.
I have never "dithered". It is he who is dithering. For 2 years I have been asking him to sell to me. It is not up to me, it is up to him to stop pissing about and make a decision. That is all in my post. Up
A few weeks ago, he agreed to sell to me but he would have conditions which he did not reveal and he was to get legal advice. I did not expect the turnaround 2 nights ago. See his 3 scenarios in my post.
I don't agree with your advice to sell my other property right now. If I do and he doesn't sell to me, I will have turfed our good tenants who are friends, pay capital gains and have money depreciating. Then in a few years time,he changes his mind and wants to sell, I probably won't have sufficient funds to cover the buy out. Until a contract is signed, I'm at his mercy and he knows that!!
If I go legal, there is no guarantee that I will win. So no, it is not only me who can end this saga.
One thing I will not do is move. I'm retired and have done enough of moving.
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.. So far I have paid 40k on renovations of my space and also paid 6k for steel garden shed. I also bought lawnmower etc.
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