News1 min ago
Property held in trust
Myself,my brother and his children have been left my late mothers property in her will.My brother and his family are living in the property which eventually will be sold.Can i expect any rent from my brother while he inhabits the property.I have asked for keys for the property but have not received any.My brother is also carrying out works on the property without my consent. He expects a profit from these works,surely this is wrong.Myself and my brother own equal shares in the property,his children lesser shares.
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As your Brother (and his children) have shares in the property (and probably have more shares than you),I don't think you can charge them rent,they are only occupying their(and your) own property.
I realise that your Brother is carrying out works on the property (without agreement from you) but as these works will probably increase the sale price of the property you are likely to benefit from these works,without paying for them at all.
I really think you should try and discuss this with your Brother (if at all possible) before the tone of your question leads to recriminations and further complications.
If you upset them,they may just sit in the house and leave you in limbo?
I realise that your Brother is carrying out works on the property (without agreement from you) but as these works will probably increase the sale price of the property you are likely to benefit from these works,without paying for them at all.
I really think you should try and discuss this with your Brother (if at all possible) before the tone of your question leads to recriminations and further complications.
If you upset them,they may just sit in the house and leave you in limbo?
If your brother insists on occupying your share of the property then he should buy you out. Have the property valued and equate your share & agree a price for him to buy you out.
Or, the Courts will settle the division by demanding the sale of property for division.....you initiate the court process if your brother wont settle.
Or, the Courts will settle the division by demanding the sale of property for division.....you initiate the court process if your brother wont settle.
Thank you both very much for your answers.Its a bit late im afraid to worry about recriminations,we are already at that stage!! This is the main stumbling block........the house will shortly be put on the market for sale but my brother is adamant that he wants money plus a profit for the works he carried out.These were not main structural works,the house is not in disrepair,these were works that he wanted to carry out for his own comfort while he lived in the property.I was never consulted on these matters or asked for my opinion in any way.Surely the crux of the matter is that he carried out works on a property that he did not fully own.
You are probably in the right legally,but he (sort of ) has occupiers rights.
What I mean is,that despite the fact that you had not authorised these repairs(nor felt that they needed doing),he IS in the house,and as such has the "whip hand"so to speak.
In order to facilitate a quick sale (hopefully,given the volatile property market) I would bite my tongue,let it be sold,let him claim back the money for the reapirs(as long as this is not too large a sum),and get the hell out of the situation.
A court would probably say that his repairs may increase the sale price,which you would benefit from,although you paid nothing towards such repairs(for whatever reason)
This is not MY view,but may be the legal one.
Dragging it out,either with or without the law can only bring you grief (on top of what you obviously have had already).I don't think it will get you anywhere to proceed further in disputing what he wants,as I have said,better to sell the house get what money you can and have nothing more to do with him.
Sometimes it is better to keep silent,rather than escalate an already bad situation,when it will (sadly) get you nowhere,and indeed may COST you money.
I apologise for not being able to be more positive.
What I mean is,that despite the fact that you had not authorised these repairs(nor felt that they needed doing),he IS in the house,and as such has the "whip hand"so to speak.
In order to facilitate a quick sale (hopefully,given the volatile property market) I would bite my tongue,let it be sold,let him claim back the money for the reapirs(as long as this is not too large a sum),and get the hell out of the situation.
A court would probably say that his repairs may increase the sale price,which you would benefit from,although you paid nothing towards such repairs(for whatever reason)
This is not MY view,but may be the legal one.
Dragging it out,either with or without the law can only bring you grief (on top of what you obviously have had already).I don't think it will get you anywhere to proceed further in disputing what he wants,as I have said,better to sell the house get what money you can and have nothing more to do with him.
Sometimes it is better to keep silent,rather than escalate an already bad situation,when it will (sadly) get you nowhere,and indeed may COST you money.
I apologise for not being able to be more positive.
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