Law On Selling A House Due To A Death

[Chicksmith]

My husband owned half his Mums house, she recently died and left her half to his brother and two sisters, they are saying he should split it four ways and if he doesn't as his brother is an executor of the will with my husband, he says he will stop the sale.
As my husband owns half of the house can his brother do this as an executor?
Thank you

[murraymints]

he can not take away yourhusbandls half share as long as it is properly recorded..a sale of property can be forced but is very costly.. emotional blackkmail..do not budge !

[Barmaid]

No. He can try, but he would be wrong.

In those circumstances, your husband could get an order for sale.

[Retrochic]

IF your husband legally owns half of the house, and can prove it,then there is nothing the other siblings can do to make him give up a portion of the proceeds. An Executor's powers are limited to making sure the terms of the Will are carried out,and cannot change the Terms. the only way he can stop any sale is to refuse to sign the Documents of sale and this would be cutting his nose of to spite his face. I would get a Solicitor to send him a letter explaining what he can and can't do as an Executor.

[murraymints]

hi BM

[murraymints]

good idea retro..if the siblings see in black and white that they are up a gum tree then they may just accept it...really pushing it in my opinion....brings out the worst in folks I am afraid..

[Peter Pedant]

BM has spoken - and she thay NO

The three brothers and sister whilst naturally thinking it is fair to split it four ways do not have a right to his half ( but wish they had )
Obviously at some stage your husband has to show he DOES own the half ( that he says he does )

HI BM !

[bhg481]

People are often very casual in their use of language when they say they own half a house - it depends on whether they are joint tenants or tenants in common as to how the ownership is defined - one way each owns half the house and their half is theirs to dispose of as they wish, the other way (and I stand to be corrected on this) on the death of one the ownership passes to the other. The OP has not been specific on the ownership, so it could be that the house now belongs totally to her husband anyway.

[Peter Pedant]

A jointure between Mum and child is pretty uncommon to be honest.- but stranger things have happened

Hold it... the will should state what the ownership of the house is....
anyway we dont have all the facts

[Barmaid]

The Will is unlikely to state the ownership of the house Peter. However, if the Will was professionally drawn, I consider it very unlikely that it is anything other than Tenants in Common (the draftsman will have checked and if he hasnt, he is potentially up the swannee with a negligence claim).

[murraymints]

land registry records will show ownership details..if husband owns 1/2 pro indiviso share of property on record then there is nowt the siblings can do...

[murraymints]

if designation clause shows equally and survivor then he will own it outright..this is unlikely in this scenario..usually between spouses...

[murraymints]

destination ^^ predictive text

[Peter Pedant]

BM

thx - no or ... yes I was thinking that the words "I leave me house.....
you wouldnt use that in a will, if you only owned half the interest

Quarreling siblings - o god it remind me of my own fambly

[murraymints]

more likely..my total assets...