Document Actions
Jointly own house with brother who cannot now afford to buy me out: how can we resolve this situation?
I jointly own my house with my brother, who four years ago assured me that on his retirement I could buy his share of the property and he would move out. Now he refuses to discuss this and I know he cannot afford to buy my share. What is my legal position? I should add that he is frequently drunk and abusive, and other members of my family and friends are reluctant to visit me because of his behaviour.
The only way to resolve this is to sell the house and divide the proceeds. All jointly owned property is owned in a "trust for sale" which means other joint owners cannot prevent a sale. We can appoint lawyers to assist in this process and have negotiated exclusive conveyancing rates with our panel lawyers.
However, if your brother can prove that the purpose of the trust was to provide a home for both of you then the courts may be reluctant to force a sale. We would need to know how and when the property was purchased.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
