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Thread: if 3 of you own a house

  1. #1
    Regular Member the fisherman's Avatar
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    Default if 3 of you own a house

    if 3 of you own a house and the eldest one has said hes not selling it yet,can 1 of the others,brothers sell or force him to sell the house,my freinds mother died 7 months ago and well the house was left to all 3 of them,the eldest got the paperwork ect but hes saying hes not selling yet,but my freind the younger brother owes about £15000 out to someone who he borrowed it from,who i no to,and well he lent him the money on the strengh of the house and as a favour as we are all good freinds,but now he wants his money back £15000 and his oldest brother is not interested in selling yet so makes it kind of hard for my mate,but he wants to somehow try find a solution to push his brother to sell,as he has no money and really needs it,but his brother is a really fussy get,if hes happy he does not worry about anyone else,

    we got any legal heads on here who can give me any info i can pass on to my freind???please

    hes even considering in trying to sell his 3rd of the house to a money lender,which ive told him not to do,but hes wants so badly to give his mate back his 15grand,and well his mate has waited for 7 months now

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    Full Member spennny's Avatar
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    Cant he sell his share to the older brother, so he owns the house, i.e Buy him out ?

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    he cannot afford it,hes tried to get it but bank refused him as he dont work

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    a real legal wrangle that could cost you lots of money and everyone by the time its finished ends up with nothing ....other than lining the solicitors pockets
    it will be down to the initial will and its contents - if there was any arguments or claims of the will iirc you only have a year from its reading to contest it ...after that - well as above ....sorry

    0-Large smile ......every time it's driven

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    no will was left eldest brother just took controll,and my freind is well ****ed of as he wont sell and he needs to pay debt of,hes considering selling his share to a money lender to just get out of it

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    Money lenders would be bad news for all involved.
    Now I need a turbo to keep up!

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    Regular Member dolf.peeters's Avatar
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    Quote Originally Posted by the fisherman View Post
    no will was left eldest brother just took controll,and my freind is well ****ed of as he wont sell and he needs to pay debt of,hes considering selling his share to a money lender to just get out of it
    If there is no will, then all childeren own an equal share of the house(in ireland, the deceased parents[if still alive] would also be able to lay claim to a share of the house also if there is no will, but that aside), they both own an equal share

    surely the older brother has 2 options here, buy the younger out or sell the property? If I were the older fella I would agree to putting it on the market and then refuse any offer, that way he did as the brother asked.

    Can the younger guy not get a bankloan on the strenght of being part owner(loosly used here as it sounds like nothing is offically signed over) in a property?

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    Regular Member the fisherman's Avatar
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    Quote Originally Posted by dolf.peeters View Post
    If there is no will, then all childeren own an equal share of the house(in ireland, the deceased parents[if still alive] would also be able to lay claim to a share of the house also if there is no will, but that aside), they both own an equal share

    surely the older brother has 2 options here, buy the younger out or sell the property? If I were the older fella I would agree to putting it on the market and then refuse any offer, that way he did as the brother asked.

    Can the younger guy not get a bankloan on the strenght of being part owner(loosly used here as it sounds like nothing is offically signed over) in a property?

    for 1 i would think thats a bit jeckal to put the house up and refuse any offers,especially when the house is left by the mother for all 3 kids,and 2nd, he can not get a loan as hes unemployed and hes bank as already refused him the loan against the house, as he cannot affored monthly payments m8,in my opinion the older brother is bbeing a ****,and sayng what goes on and thats it,its should be decided between all 3 of them not the older one,if it was my brother he would of got a crack for taking the ****,all hes done is lied for 7 months saying the house is going up on the market,and the younger brother borrowed on the strenegh of those words,now money needs to be called in by his freind and he cannot get it as older brother does not want to sell yet

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    I don't think that you are legally allowed to retain "ownership" of the estate against the wishes of the other beneficiaries of the estate and there are loads of legal hoops when dealing with estates especially if it's intestate.
    Best advice is to go and see the CAB and see if they have an advice on intestate.

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    Regular Member the fisherman's Avatar
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    whos cab?poor lads heads done in,as his mother left house for all 3 lads,but oldest his holding back while his other 2 brothers are skint

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