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Forcing sale

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  • Forcing sale

    My brother and I were left a property by our parents.
    I agreed to give my brother 18 months to find the money to buy my half. The 18 months has come and gone and he has only just started the paperwork. Which will take another 18 months. At the end of that there is no guarantee that he will be able to afford to buy my half.
    Communications between us have totally broken down, I just want to move on.
    I believe forcing a sale is possible through the court. Could someone please advise me on this?

    ​We are joint executors and both have Probate. He lives alone in the property.

    Also to aquire his mortgage he needs to get the property registered. Is there any reason we need to jointly register the property on the land register?

    Thank you
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  • #2
    Also do I need a conveyancer at all?


    • #3
      Why would it take another 18 moths to obtain a mortgage? Seems a very long time just for that.

      As you will need a solicitor to deal with the conveyance, he could be asked to help conclude the Probate and if your brother will not act in accordance with your parents wishes, then the solicitor could help you take the necessary action to enforce this.

      Any costs incurred on behalf of the estate will decrease the eventual value you will both receive and the more defient he is, the more costs will be incurred.

      It is such a shame that any child would not respect the wishes of the parents in such a situation. You have been very reasonable in allowing hi this long to purchase your half interest and your brother needs to understand that he is only being a fool to himself.


      • #4
        Thank you for the reply

        The property has never been registered on the land registry. That will take 12 months plus according to the conveyancer.

        I understand that it will cost and I'm not worried about losing out I just want to move on.

        We have a conveyancer who is sorting out the registration but as I don't need the property registered to sell it I've not sent my paperwork back yet.

        He's already told me he won't be able to find a mortgage big enough to buy my half and wants to spend another year on top of the registering year plus to pay me the full amount.

        Do I just engage a solicitor to sort all this out. I worry it will go to court.


        • #5
          A possible alternative might be to sell him a lower percentage. It does not need to be your total 50%, but a part that he can afford and retain the smaller part in your name, which you can then pass on in your estate. If maintained, the property would increase in value and become an investment, but for your heirs.

          It would mean that the mortgage company would have to accept a split ownership and there may be a possibility of your brother not maintaining the mortgage?


          • #6
            find another conveyancer. Registering a new title should not take that long.


            • #7
              Thanks Sam but I need to move on. Cut ties with my brother completely. I have no heirs. I just want what is rightfully mine and to move far away as I planned when my parents died.


              • #8
                Hi Atticus a first registery is taking 12 months at the moment. According to the conveyancers that I have spoken to.


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