Can a gifted house be sold with a dispute ongoing?

[paula2007]

Hello
My mother gifted her house to my brother and myself a few years ago now.
My mother has now gone into a care home and the house is standing empty due to a long runing argument I dont speak to my brother and there is no way of sorting that problem out.
I have a registered power of attorney for my mother as I was her main carer.
I want to sell the house and it is far away from me and I do not have the time to look after it. Does anyone have any advice as I am not sure if the house can be sold without my brothers permission

[dzug]

You need your brother's signature to sell it.

[paula2007]

Thank you, I know that he will refuse so what happens then. He is also refusing to pay his half of the bills and I have been paying the lot. I cannot afford to keep this up

[pauln90]

I would seek advice either from a solicitor or CAB. How long ago did this gift occur.
Are you selling the house to pay the cost of your mothers long time care.
If not then you may find that social services will look into how long ago the gift occurred as unless it was over 7 years ago and you have proof of this it may have to be sold to fund your mothers care.

[paula2007]

It occured 3 years ago. She is paying for her own care as she has a very large amount of savings and personal pension.
I just want to sell it so I dont have to travel to look after it and also pay the council tax, insurance etc

[Morty Vicar]

You may be able to make an application under the Trusts of Land and Appointment of Trustees Act to get the court to order a sale. However, litigation should be a last resort and thus you should attempt to resolve matters with your brother (could you get a solicitor to write?).

Bear in mind that whilst the property is empty an Empty Dwelling Management Order could be made entitled the council to use it to rent out.

[MustafaTickl]

If the property was properly gifted to you the Register at the Land Registry will have been altered to show your brother and you as joint owners and presumably you are Registered as as 50/50 Tenants in Common. You will need your brother's agreement to sell but if when shove comes to push and he still refuses it is an easy matter to apply to a court for an Order to Sell pleading that the members of the TIC cannot agree upon how the property is to be managed. These Orders are never refused, the cost is about �1000, which is small change compared to the value of the property.