Selling house to split money

[Poppy43]

Hi all
my brother owns half our mums house. Mum left her half to 3 people. Brother doesn’t want to sell, or buy us out. Does he have to legally sell the house? Thank you

[atticus]

You may apply for a court order requiring sale under the Trusts of Land and Appointment of Trustees Act. It may be wise to seek professional advice and assistance.

[dslippy]

The first assumption about a property held by more than one person is that it is for sale. That is now less clear than it was, but remaiins important.

The present arrangement was created by your mother by some form of deed. Look at the deed and establish as closely as you can the purpose of the arrangement created. it is likely either to have been to provide somewhere for your brother to live, or as a way of ensuring a division that favoured your brother.

Unless the intention was clearly the first, Atti is right that an application under the TOLATA Act is appropriate.

The general rule is that trustees have either powers or duties. A power is exerciseable on a majority vote of the trustees by value. A duty is exerciseable if any one trustee wishes to exercise it.

Where a property is held by more than one person, the power of sale is a duty, and can be enforced against any dissenting trustees. They would, of course have the ability to buy out the trustee wanting to sell.