Hi all. I hope someone can help. My partner is a tenant in common with both his mum and brother. Mum owned 50% brother 25% and my partner 25%. The mortgage is fully paid. Mum and brother have both died, brother about 12 years ago, mum just over a month ago after health issues and due to her having dementia in the final stages he was not able to speak about the property. He has lived with his mum for over 25 years and 2 days after her death his siblings put the property into probate. He has not seen the will yet but they have already sent a surveyor round to value the property. Does anyone know what his rights are as he also ended up paying his brothers share after his death. Does he have to sell and should things have dealt with so quickly? He has not had time to grieve as he feels like he will be homeless very soon. Any advice would be welcome.
tenants in common after death
- Thread starter worried partner
- Start date
If your partner bought his brother's share after death, he owns 50% of the house, which is quite a strong position to be in. In addition, it is possible that he has the right to live in the property until his own death. This will depend on the terms of his mother's will, but is quite a usual situation for tenants in common.
A visit to CAB might clarify things a bit?
A visit to CAB might clarify things a bit?
Howdy Partner, welcome to TP
A couple of things I don't quite understand: what happened to the late brother's 25% share when he died and who are the siblings sending in the valuers?
My comments are that as advised go and see the CAB or similar and get some advice but in the meantime I don't think they can force a sale without a court order, your partner owns 25% of the house so he has to be made to sell by a court not just because another tenant tell him they want to, this will take them time and cost them money. I think they are taking a very strange position alienating your partner as he can make it very difficult for them if he wants.
Next make it clear to the valuers that they're only valuing 75%of the house as your partner may choose not to sell or to sell through someone else, effectively this will render the property valueless until they get a court order to sell, unless they can find someone who wants to share their 75% of the house with your partner which I doubt.
Lastly did his late mother leave any of her 50% share in the house to him, if so his stake in the property may be more than 25%?
K
A couple of things I don't quite understand: what happened to the late brother's 25% share when he died and who are the siblings sending in the valuers?
My comments are that as advised go and see the CAB or similar and get some advice but in the meantime I don't think they can force a sale without a court order, your partner owns 25% of the house so he has to be made to sell by a court not just because another tenant tell him they want to, this will take them time and cost them money. I think they are taking a very strange position alienating your partner as he can make it very difficult for them if he wants.
Next make it clear to the valuers that they're only valuing 75%of the house as your partner may choose not to sell or to sell through someone else, effectively this will render the property valueless until they get a court order to sell, unless they can find someone who wants to share their 75% of the house with your partner which I doubt.
Lastly did his late mother leave any of her 50% share in the house to him, if so his stake in the property may be more than 25%?
K
Thanks for the responses.
He has 4 siblings.
His mothers will has not been read yet but 2 of his sisters are executors and they have seen the will but have not shown him what is in it which leaves me to believe that his mum left her share to her children which obviously includes him. It seems like they just want money as they have not consulted him in anything that they have done. He is very concerned about what they are doing behind his back . He told me that when his brother died he paid the brothers payment. Furthermore 1 sibling changed the name of the gas bill into hers. How can this happen without proof that u live there.
What does he need to do to safeguard himself and to bide time to sort himself out legally.
Also,without his signature can they sell it.
Sorry to go on but I am so worried for him. He can't eat or sleep due to worry.
He has 4 siblings.
His mothers will has not been read yet but 2 of his sisters are executors and they have seen the will but have not shown him what is in it which leaves me to believe that his mum left her share to her children which obviously includes him. It seems like they just want money as they have not consulted him in anything that they have done. He is very concerned about what they are doing behind his back . He told me that when his brother died he paid the brothers payment. Furthermore 1 sibling changed the name of the gas bill into hers. How can this happen without proof that u live there.
What does he need to do to safeguard himself and to bide time to sort himself out legally.
Also,without his signature can they sell it.
Sorry to go on but I am so worried for him. He can't eat or sleep due to worry.
It never ceases to amaze me some of the things that happen when someone dies, what a strange world we live in.
So your partner's mum died and his sisters won't show him the will WTHeck
I still don't understand what happened to his late brother's share of the house when he died, he must have willed it to someone or did he die intestate?
"He told me that when his brother died he paid the brothers payment." does that mean he paid his late brother's share of the mortgage until the mortgage was paid off, if so I don't know that it matters as the legal split on the house is the one the Land Registry hold no matter who paid as far as I know.
All I will say is that without a court order no one can force him to sell his share and without his agreement to sell they can't put 75% of a house on the market, no one would touch it with a bargepole. A court order to make him sell will take time and cost them a lot of money, it could take months and the court may not order the sale anyway if they were sympathetic to your partners case.
Don't worry about the gas bill, our gas and phone bills still comes in my wife's maiden name and I've been paying it in my name for 33 years without anyone questioning it.
If (and only if) you're happy to post the area in which this is happening then you may be able to get some local advise about where to go any who to talk to, in Salford I could tell you half a dozen place where free advise and advocates (if necessary) would take you through the process for free.
Keep posting, get some food down him and a good nights sleep.
K
So your partner's mum died and his sisters won't show him the will WTHeck
I still don't understand what happened to his late brother's share of the house when he died, he must have willed it to someone or did he die intestate?
"He told me that when his brother died he paid the brothers payment." does that mean he paid his late brother's share of the mortgage until the mortgage was paid off, if so I don't know that it matters as the legal split on the house is the one the Land Registry hold no matter who paid as far as I know.
All I will say is that without a court order no one can force him to sell his share and without his agreement to sell they can't put 75% of a house on the market, no one would touch it with a bargepole. A court order to make him sell will take time and cost them a lot of money, it could take months and the court may not order the sale anyway if they were sympathetic to your partners case.
Don't worry about the gas bill, our gas and phone bills still comes in my wife's maiden name and I've been paying it in my name for 33 years without anyone questioning it.
If (and only if) you're happy to post the area in which this is happening then you may be able to get some local advise about where to go any who to talk to, in Salford I could tell you half a dozen place where free advise and advocates (if necessary) would take you through the process for free.
Keep posting, get some food down him and a good nights sleep.
K
Just a thought - is he sure that the surveyor was valuing for potential sale? Might it be that the siblings are simply establishing the value of the property. However they are inheriting part of a property and not a monetary value - so not sure what good the valuation does them. I don't think they can just assume that they can convert the property to cash. As has been pointed out - they would not find it easy to sell their portions of the house if he is not willing to sell his. There might be a rocky road ahead in terms of family arguments but it really doesn't sound as if he is in danger of losing his home.
Not sure where he stands with his brother's portion of the house and having taken over the payments.
As you say, it all seems a bit soon to be rushing into things - perhaps the siblings will calm down a bit and be reasonable after a little time has passed. It might be worth him getting a consultation with a solicitor to get some reassurance - I think lots of solicitors do a 15 mins free thing.
Not sure where he stands with his brother's portion of the house and having taken over the payments.
As you say, it all seems a bit soon to be rushing into things - perhaps the siblings will calm down a bit and be reasonable after a little time has passed. It might be worth him getting a consultation with a solicitor to get some reassurance - I think lots of solicitors do a 15 mins free thing.
KingB has a point. I know we had to get my late MIL's property valued for inheritance tax purposes (even just to show that we didn't have to pay any tax), could it be that this is what the valuation was for?
I repeat, it is common for the property to be put in trust until the death of the last owner, this is something that needs to be looked into.
Many wills are now available to view on-line if they have been registered. It might be that you can find the one you want without having to go through the executor (although it could be that it is not available until after probate has been completed?).
I repeat, it is common for the property to be put in trust until the death of the last owner, this is something that needs to be looked into.
Many wills are now available to view on-line if they have been registered. It might be that you can find the one you want without having to go through the executor (although it could be that it is not available until after probate has been completed?).
Thank you all for yr comments. He was able to sleep last night. As far as I am aware they are getting it valued with a view to sell but have not taken into account that he owns a portion of it. We live in the Dulwich area of London so would be grateful if someone knows of a good solicitor. Will now wait to hear what the will says. Thanks again x
