Disputing Sale of House

S

Sheepdog

Guest
Hello All, this is my first post and I appreciate any guidance given. I had planned to sell my parents homeplace as it is vacant for 1 year now. However my brother is not keen on the idea. I understand that this may be for sentimental reasons but with a history of awkwardness I am not convinced. He is only a 1/3rd owner and I own 2/3rds. Can he prevent me selling and would I end up bringing it to court to force a sale? I dont want to do this as there is only the two of us. Any thoughts?
 
"I had planned to sell my parents homeplace as it is vacant for 1 year now."

Its not clear but is it the case that your parents are dead? If you were selling would it be as executor or beneficiary?

Have you asked him about selling? Have you given him the option of buying out your interest? That should be your starting point.

In general & in theory, you are entitled to sell. However, if his signature is necessary, how can you force him to sign anything unless you seek a Court Order? Try to avoid that unless of course there is no other way.

mf
 
Thanks MF

My brother and I are the beneficiaries-both my parents are dead

"Have you asked him about selling? Have you given him the option of buying out your interest? That should be your starting point."

I asked about selling 3 months ago but he said he wasnt interested-I asked again recently he said no. Financially he would not be a position to buy me out nor I him. But he is not so cash strapped that he would be happy to sell. To be honest I want it sold as I am the only one who takes care of it.

Re the court order I didnt want to go this route, I am sure that it is expensive and time consuming and any familial relationship would ultimately end as a result.

Thanks
 
It's amazing the effect the thought of 10s of thousands of euro in x weeks can have. Tell him you are putting it up for sale to see what it would fetch and you want to sell.

Tell him he really doesn't have a choice as you own more % than him. Tell him that if you bring it to court in front of a judge, you will be awarded your costs which will then come out of his 1/3.

He probably feels put out becuase you own a higher % (why?) and maybe an offer to equally distribute the proceeds might go a long way to resolving the matter.
 
You would think the the thought of the money would persaude him. To be honest it did for me..and I will admit one thing I have no intention of equally spiltting the proceeds.

He understands why I have a higher % (I looked after my mother for many years after my fathers death, she was very unwell) giving up a job opportunity overseas in the process.My mother and I had always got on well and she left her share of estate to me. My brother emigrated shortly after my fathers death and now that he is back is a bit is possibly misty eyed about ye olde homeplace.

Thks
 
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