Sibling rights on joint inheritance of a property after their mother's death

[tinyf]

I'm writing this on behalf of my 71 year-old friend who has limited computer experience.

He and his wife lived with and cared for his mother in her home for almost 20 years. Two years ago she died and my friend and his brother jointly inherited the family home as joint tenants. His brother, who is married with two adult children, was not living in the property as he and his wife live in their own property elsewhere. As my friend and his wife have limited income, his brother verbally agreed (probably a legally drawn up agreement would have been better but that may be too late to agree to now) that my friend and his wife could remain in the house, rent free, until such time as my friend died and his 50% share of the property passed to his wife. His wife would then return to Greece, from where she came, to live with her family. She also has limited income and limited command of the English language. My friend also had sentimental reasons for wanting to remain in the property as well as having lived happily in the area all his life, and didn't wish to sell the property, split the proceeds and buy somewhere else in the same area as that would prove too expensive. The brothers have also tried to raise equity on the property but as only one of them lives in the property their attempts have been unsuccessful.

My friend knows, that if he dies first, his share of the property transfers to his brother but what concerns him most is does his brother have any right to have my friend evicted in any way at any time, either now or in the future if his brother should die first and his brother's wife inherits his share of the property, as has been stated in his will.

Many thanks.

[des8]

Basically if one joint owner wishes to sell and the other doesn't, the would be seller needs a court order.
However on application the court will have regard to the fact that the resident non seller has beneficial rights and may not grant the order.

That is the simple version, a more detailed exposition is here: https://england.shelter.org.uk/profe..._sell_the_home
and if there is real concern seek advice from a professional.
A free (or fixed fee) consultation with a solicitor should put his mind at rest

[tinyf]

Basically if one joint owner wishes to sell and the other doesn't, the would be seller needs a court order.
However on application the court will have regard to the fact that the resident non seller has beneficial rights and may not grant the order.

That is the simple version, a more detailed exposition is here: https://england.shelter.org.uk/profe..._sell_the_home
and if there is real concern seek advice from a professional.
A free (or fixed fee) consultation with a solicitor should put his mind at rest

Many thanks for the reply, DES8. I'll pass the information on. I did, of course, make a slight mistake in my original post about his brother's wife's rights if his brother died first. I forgot she wouldn't have any as my friend would own the property entirely if his brother were to die first. Her rights only come into play if my friend dies first, the property's ownership passes to his brother, and his brother has left the property to his wife in his will.

[tinyf]

My friend's brother has now said he thinks my friend should pay rent, despite having suggested in the first place that he could live there rent free. Can anyone tell me what rights his brother would have to force him to do that and how he might go about it. As I said before, my friend is 71 years-old and has limited income and poor health. Could, for instance, a court force him to sell assets to help pay the rent? Does my friend have any rights as what is, effectively, a sitting tenant?

Thanks.

[tinyf]

My apologies to anyone who's been following this but my friend now tells me he and his brother are Tenants In Common and not Joint Tenants. Obviously, on the death of either one of them their 50% share of the property will pass to their wife as nominee in their will.

Can the wife then leave her share of the property to someone else in her will? Could this go on indefinitely with her children owning a share after her death?

If it does go on indefinitely, where does it leave the surviving brother?

Thank you.

[des8]

Either of the tenants in common can leave their share of ownership to anyone, who in turn can dispose of their ownership as they wish.

If one wishes to sell and the other doesn't, an application will have to be made to the courts .
The court will look at the situation and decide if an order for sale is appropriate, or if such an order be given but should be suspended.
They could refuse a sale, but make an order about the right to occupy the property and whether or not the occupier should pay rent


Your friend is not a sitting tenant but a co owner, and that gives him the right to occupy the property.
As he has lived in the house for a considerable time, and presumably during that period he and his wife contributed to its upkeep and maintenance,
and perhaps gave up their own property to look after Mum, the court could decide that he has a beneficial interest in the property and so refuse an order for sale and also for rent.

As I said previously professional advice ought to be sought, especially if the brother initiates a court action for sale or rent

[tinyf]

Either of the tenants in common can leave their share of ownership to anyone, who in turn can dispose of their ownership as they wish.

If one wishes to sell and the other doesn't, an application will have to be made to the courts .
The court will look at the situation and decide if an order for sale is appropriate, or if such an order be given but should be suspended.
They could refuse a sale, but make an order about the right to occupy the property and whether or not the occupier should pay rent


Your friend is not a sitting tenant but a co owner, and that gives him the right to occupy the property.
As he has lived in the house for a considerable time, and presumably during that period he and his wife contributed to its upkeep and maintenance,
and perhaps gave up their own property to look after Mum, the court could decide that he has a beneficial interest in the property and so refuse an order for sale and also for rent.

As I said previously professional advice ought to be sought, especially if the brother initiates a court action for sale or rent

Thank you for your continued help and advice, DES8. At least he now knows the direction he should go in. Thanks again.