brother won't pay for my share of house

mary12 said:
Hi vanilla, cause his my brother and i don't want to go to hard on him, theres no way he would ever be able to come up with 40k.
Click to expand...

But if the house was sold and you all received equal share would he not be able to use the money as a deposit for somewhere else? Or rent?

I assume he is an adult? Is there any particular reason why he gets special treatment?

You are entitled to your share of the inheritance - you may regret not taking it later on in life.
 
Hi nesbitt, i know i am, but if i asked for my share , i know there is no way he wouls ever be able to afford it, and as for as the house is concerned we would never sell it while my brother is living there. My sisters and myself are all living away from home and i just think it would be unfair to sell it form under him.
 
Mary12 i feel for you. You are tyring to do something good and your ungrateful brother simply feels entitled. I think you would be doing him a favor by selling it from under him. Then he would have to face the real world and learn you do not get anything for FREE especially a house. What a spoilt brat.
 
mary12 said:
My parent's died over a year ago and there was no will left. My brother is living in the family house. As there was no will we decided to get the house into my brother's name and also my two other sister's name as well. As there are four of us that would mean we would be entitled to a quater share each. We got the house valued as paart of the process and it was values at two hundred euro's. The thing is i don't want to get the house into my name, instead i want ten thousand euro's for my share, and i would sign my share over to my brother since he is living in the house. My two sisters paid 2,500 euro's each to help my brother out and he is suppose to pay the remaining 5,000. The thing is the solicitor is now ready to draw up the papers in order for me to sign my share over to my brother, but my brother says now he will not pay the 5,000 euro's. Any advice would be very helpful.
Click to expand...

Is there a specific question? Is it financial or legal?
 
As i don't want to get my name in the house, is there anything i can do if he refuses to pay the 5,000 legaly
 
If you don't want to sell the house. I'm guessing no.

Why fall out over 5k when you giving him 50k. Its doesn't make sense.

Your brother knows is pretty certain none of you will sell the house from under him and so feels has no reason to give you 5k.
 
Unless there are some other circumstances (such as bad health, learning difficulties etc)that you feel your brother should be getting the house for (almost) nothing, I reckon you could be doing him a disservice - he will going through life with one of those "I deserve it" attitudes.....he needs to earn it!

He is slapping you in the face after you have made a VERY genourous offer to sell him your share for just €5000 (as you seem to indicate your sisters paid the rest).

As a minimum I would not sign over the house & I would clearly outline what your other options are (even if you don't plan on following through).
 
sam h said:
This was the parents home which, as they died intestate, is the equal property of each of the children. Therefore the OP is intitled to 1/4 as are each of the siblings. So either it is sold & split or someone buys the others out - if they can't buy them out, the property should be sold by the administrator/executor....with or without his permission. Appear the OP doesn;t want to do this (their decision)
Click to expand...

Really, the above says it in a nutshell. Your brother has two fairly simple choices - either pay the €5k or else the house will be sold and proceeds divided. You will never see the €5k if you sign over the house to your brother now. This sounds like a terrible situation and you are clearly trying to be nice about things. But when someone has two choices, one if which means they get an extra approx €50k portion of a house for €5k, and they refuse it, then you have to stick up for yourself and go the other route.

Can your sisters pay you the full €10k that you want and take 50% each of your portion? I'm presuming that you don't want to be listed on the deeds as you want to retain FTB status - is that right?

From the wording of your first post, it sounds like there's no enforceable agreement for your brother to pay the €5k. So to answer the initial question, it doesn't look (to me) like you can enforce it.

I can understand you wanting to do your brother a favour, but really does he deserve it?

Sprite
 
The longer this goes on the larger the wedge driven in to the family, not a good situation. If your brother received the house (worth 200k) he would certainly be in a position to obtain a mortgage because he would have so much equity in the property.
Even if you agreed to sell it to him for a lower amount it only increases his equity.

I would try and set up a family agreement and offer him the house at a knock down price say 130k or whatever price he can obtain a mortgage but 130k would seem small. if he does not bite well then leave him there, as caretaker to your share and he will eventually have to face the music, either buy you out or forced to sell, just assert you rights as owner in order to stop adverse possession.

I have to say if this guy was a member of my family and for 5k he wants to cut his nose to spoil his face , drive a wedge into the family, well then let him. He will soon be back.
 
Originally posted by mary 12
theres no way he would ever be able to come up with 40k.
Click to expand...

Quarter of €200k is €50k....

You could get your name on the property along with your 2 sisters and your brother and just leave it stand for the time being, assuming that you don't need the money for something.

Personally if it was me doing that...I wouldn't be feeling as accommodating in the future when brother decided that he wanted to buy my share tho!
 
I think I'd do the same. Just get all 4 names on the property and leave as is.

Maybe you need the 10k though....
 
Yes i could do with the 10k- but if he dos'nt pay the money i will get it into my name as well, at least that way i wont loose out if it is ever sold down the lines, thanks to every one who replied for the sound advice.
 
mary12 said:
Hi nesbitt, i know i am, but if i asked for my share , i know there is no way he wouls ever be able to afford it, and as for as the house is concerned we would never sell it while my brother is living there. My sisters and myself are all living away from home and i just think it would be unfair to sell it form under him.
Click to expand...
hi mary12,
is it the case that your brother feels that he deserves a greater percentage of the house ownership because he lived with/cared for your parents while you and your sisters lived away?
 
Your story is exactly the same as mine.

Three siblings left house by uncle.

Two siblings live in same town. He still talks to one sister, (part owner)
but ignores me and cut off all contact with me. I am the bad one for going after him. (in his mind)
However
I live away from Ireland. , so it makes it difficult for me to pursue this.

The brother lives in the house.(in south)
west.
We had it rented outside the family, then he moved back to Ireland and
right into the vacent house. (tenent moved elsewhere)
Brother agreed to same rent, and eight years later has not paid one penny. He has all sorts of excuses for not selling and paying us our share.
He is in his 50s and would not get a mortgage I guess at his age.

Went legal for a while, letters, demanding he vacate, all ignored. My sister
and I did not want to have to force sale but were willing to do so until brother took ill. We had to back off.

Just finished paying legal bill of
1000 Euro for legal work, all to no avail.
Next step would have been to take him to court. That would have meant retaining a barrister. (with upfront retainer) of 2000 Euro, more legal bills, and at the end the house (value about 160,000)
would it be worth taking him to court, name in the newspaper, and a hopelessly divided family.

Keep in mind, adverse possession. Otherwise known as squatters rights.
In our case, we only have four years to sort this out, or he gets full ownership of the house. He has already lived there for eight years now.

I don't know what we can do. He is our brother, and we never thought he would be capable of doing this to his sisters.
If anyone has suggestions, please let me know. Last count I was out
15,000 Euro alone in unpaid rent.
Hope someone can learn from this.
 
Keep in mind, adverse possession. Otherwise known as squatters rights.
In our case, we only have four years to sort this out, or he gets full ownership of the house. He has already lived there for eight years now.
Click to expand...

Best way around this is to grant him an license to occupy the house. That way the siblings still own it indefinately and when the brother eventually dies, then the siblings or their children will still inherit their portions of the house.

One way of dealing with things effectively is for the siblings to collectively hire a solicitor who will deal directly with the brother on behalf of the siblings. That way none of the individual siblings have to negotiate or argue with the brother thus creating bad feeling - allows the siblings to keep themselves at arms length from the process. The solicitor will be instructed to go along the lines....."unless this is sorted out, the inheritance law means the estate has to be liquidised and divided amongst the beneficiaries etc........you siblings are willing to grant you a license to live in the house......if you dont agree before the statutory deadline for distributing the deceased assets, then they will automaticlly be liquidised.

Might also be a good idea to add rent to the license to ensure you get some return - something to bargain with in any negotiations - can agree to drop or reduce in exchange for brother signing license in good time.
 
I think because he has lived there all his life, and never moved away from home he thinks he should have the house to himself. Also there is a yard there where he keeps all his tractors that he bought over the years. As for caring for our parents we all helped out with that part.
 
You must log in or register to reply here.
Back
Top