Sibling House Probllem. Hope Someone Can Help.

[Stephen_G]

I have an older Brother and Sister. We co-own the House that I live in (And am sole occupant). He turned up quite unexpectedly, last night, and told me that "His Solicitor" has told him that he can move back in, and he should be charging me rent to continue living here. The property is NOT a Rental property, he does NOT have Landlord Insurance, there is no Rental agreement in place, and as earlier stated he does not own the property outright. We have/had a verbal agreement that I could live in the House for as long as I wanted, but if the House was ever sold, then the profits would be split three ways (I know that this is not legally binding).

Can he just turn up and make all these demands, or is he just trying to scare the wotsits out of me? My Sister obtained Probate in October 2016, and her Solicitor told her that our Brother can NOT make these demands of me.

Thanks for taking the time to read this and any advice you wonderful people can give me.

[bednobs]

if you really do own 1/3 each, of course he can live there if he wants. You are having sole use and benefit of an asset you only own 1/3rd of,and are housed for free. it seems legally reasonable you pay rent. If you don't want anyone else living there then either pay rent on the 2/3rds you dont own or sell the house and split the profits 3 ways. Of course you mention probate, so it will ultimately hinge on what the will actually said

[bednobs]

if you look at it fro your brother's point of view, he was left 1/3 of a house in a will which is probably a valuable bequest, but it is useless to him and not worth anything unless he can either sell it to release the capital or rent it to get an income. I dont know how old you all are but if you just carry on living there, he could be dead before you sell it, and will never had had benefit of his bequest

[woofgang]

Not a legal beagle but from a slightly similar situation, has the estate been distributed or not? If it hasn’t and you didn’t already own a third of the house before the testator died, then neither of you own anything. The estate still owns the house and it is under the stewardship of the executor(s) In that case you probably should be being charged rent as its the executor’s personal duty to do their material best for the estate. If the estate has been distributed then, unless the will said anything to the contrary, your brother is entitled to use of his share of the estate, including the house.

[Stephen_G]

Thanks for the replies, bednobs. I guess I should have given a lot more info before posting the question.

The family moved into the House in January 1974 and I have lived here since that date. It is my home and I don't want my Brother here. Our Mother died in August 1014 without leaving a will. My Sister is 55 and my Brother is nearly 54. I am the youngest at 44.

I have not received any paperwork from a Solicitor, and the business card he showed me has the name of a person on it who only deals in Probate cases. He's nothing but a trouble causer and a drunk, who gets very aggressive when he's had a drink, although he's never actually been violent toward me - he has verbally threatened to do so, in the past.

[bednobs]

i dont really think any of the above actually makes a difference.

If your mum did not leave a will the your sister does not have probate, but probably has letters of administration meaning she is administering the estate

[Jackdaw33]

The simplest solution would be to buy them out, though that would probably involve remortgaging the property.

[woofgang]

Well I am sorry to hear that your brother is so unpleasant but I think that most of your last post is not relevant. The law doesn’t care about your brother’s character. You might have some grounds for remaining in the house on the basis that it was your home before your mother’s death and should get some legal advice on this. I doubt, however, that you will be able to remain rent free.

[jno]

what's he want, a home or some money?

[bednobs]

did you pay any rent before your mum died? did she maintsin you?

[hc4361]

I don't know why your sister's solicitor told her that your brother can neither demand rent, or to live in the property as that is not the case.

Your siblings can apply to the court for a 'division and sale' which means the house would be sold and the assets divided equally between the three of you unless you can buy them out.

[Peter Pedant]

// it was your home before your mother’s death and should get some legal advice on this. I doubt, however, that you will be able to remain rent free.//

is lurching towards the correct position
especially the bit about seeking legal advice
( the problem is that lawyers will be quite willing to fight hopeless cases. The default position is that I think he can force thro a court order you to sell up on the open market and divide by three and to pay rent in the mean time ). It depends whether a negoiated solution is possible - it doesnt look like it. The problem is that he will turn up with other demands in a year or two.

Your sister's solicitor got his advice wrong INHO. or your sister misheard.

remember the clear notice above this thread
no one here knows what they are talking about

[Peter Pedant]

hc wins !

I didnt realise he had posted - hi hc !

or as my sib said to me: I look on mum's house as my little pension. I can when I need money force you all out and force a sale just when I want. I said - that is not a pension - a pension is something else.
My sib said whatever and forced the sale.

[Stephen_G]

Yes, our Sister is the Administrator of the Estate, but no, she doesn't want to charge me rent, as it's my home (Her words). I wasn't paying rent or Board & Lodge to my Mother (I was her Carer after my Dad died in March 2013) either, as she wouldn't accept any payment.

[Peter Pedant]

you deffo need advice from someone you can trust

you have fundamentally misunderstood the functon of the administrator of an estate ( to pass it onto the heirs according to the 1837 Act.) It is NOT to act as overarching owner of the property to do with as she wishes whilst the other heirs quarrel and bicker

[Barmaid]

Right, just stop right there. No 1, you need legal advice and pdq.

I cant comment on the facts of this case because the facts are a bit "woolly". But lets say that the sole the owner of the house died intestate leaving 3 children - one of whom was living in the house. The one living there effectively has no "right" to possession of the property- all he has is a "chose in action" to ensure the estate is administered. The person with the right to possession is the person who took out the grant. Possession does not however, mean a right to reside. You are there at the sufference of the personal representative and theoretically you ought to pay rent. On the other hand your brother does not have the right to rock up there but you can only obtain your rights thru agreement with the PR (who ought to consult the others).

There is a far bigger issue here and that is protecting your position going forwards. There is a potential claim. You need to seek specialist legal advice ASAP! I mean TOMORROW. Seriously do not delay.

[Barmaid]

You need to crack on, seriously. You are already 3 months out of time. DO NOT DELAY ANY FURTHER.

[Peter Pedant]

Many thanks my great queen of LandlLaw and succession !

what points have we missed ?

[Barmaid]

The big one, PP. Namely that there is a 75 Act claim here.

[Peter Pedant]

oops thx
kiss kiss