Joint tenancy with sibling

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.
 
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?
 
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. 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.
 
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.

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.
 
I’ve seen siblings fall out over squatting and I don’t want to bequeath my own kids a dispute.
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.
 
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.
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.
To answer your question, tenant type varies. At present, 2 are students and 2 are in employment. Is there a benefit for having students only?
 
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.
OK I see re the 2 years later after one changed mind. What is EA?
 
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.
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.
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".
 
To clarify "there were 4 of us". My other w siblings are deceased
 
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.
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?
 
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!!
 
Would you consider asking him to agree to a mediation? A neutral third party might bring some clarity. Or is there another relative who might help. It seems like a very unhealthy dynamic of control is behind this.
 
They were, sell to me, not sell to me, put in open market or he will buy me out.
There are only 2 options, sell or not sell.

Sell to you and put on open market are the same thing. Him not selling will be taken from him by you going to law.

Where is his logic in buying you out? Timewasting is all this is.
 
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?
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.

He says he holds all the cards, in reality, you both hold a very similar set of cards that can prevent anything really changing unless you both come to an agreement.
 
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Your brother cannot put the house up for sale on the open market without your consent. You are twisting yourself up in semantics and your brother has no intention of doing anything, ever.

You are in you late 60’s living in half a house, in which you have 4 tenants under the rent a room scheme. You can only earn €14K max under the scheme (your brother cannot earn anything as he is not living in the house) and I doubt you are charging each of the €290 a month, (€67 a week) so you are liable for tax on the rental income.

(You brother can earn rent but he needs to pay full tax).

You say your mum wanted you to live in the house but I don’t think she would like you in the circumstances above so you need to take action.

.
 
@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.
 
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 said "an asset that he doesn't seem to want". Think you missed that point too. He doesn't seem to know what he wants or actually does, and is stalling until he can put his "plan" in place, or deliberate mind games. I'm not going to repeat all his scenarios as they are in original post (which is now a bigger scenario list!!). They were scenarios he said he was in control of but he did not give any indication of his preference.
I think mediation may reveal what he really wants but I won't hold my breath.
With regard to tax, why would I include full rent in my returns. I receive half. I don't know what, if anything, that he is declaring and if I did, I would not discuss his tax affairs as that would be out of order.
 
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!
Yes I can go legal but that was to be the last resort and nobody wins in the scheme of things. I note, you didn't mention mediation which is the first practical step which u now know, since my post, that that is sensible.
Finally, "wasting my time typing" applies to us both. Constructive advice is what i sought at the end if the day. Slán.
Your sibling situation is connected to the "marital home". Not relevant!!
Simultaneously sale and purchase is commonplace, not unreasonable and not something that has been disputed. Not relevant!!
 
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.
I will reply to your points
1. My income is compliant. If it wasn't, I have no right to remove a tenant without his permission.
2. I cannot stop paying him his half share and wouldn't
3. Agree. I am waiting for an appt to see a solicitor and, if advised, I will communicate via solicitor. I have no choice to discuss day to day stuff on the rentals.

Yes Agree and I am aware of inheritance rights under Joint Tenancy. That may change to tenants in common depending on legal advice.