ChatterBank0 min ago
Tenants in Common Rights
Hello
Myself and my brother own my mothers house as joint tenants. My mother still lives in the house. there is no mortgage on the house. My brother now wants to change to tenants in common. I believe he can force this against my will.
My questions are: will he be able to raise any money on the house by using his half as security without my consent? Will he be able to force the sale of the house without my consent? What rights does my mother have? How do I protect my mothers interests and my own interests?
It should be taken for granted in answering these questions that my brother is not open to reason and will do anything in his power to raise money without thought of the consequences to anyone else.
Thanks in advance
Paul
Myself and my brother own my mothers house as joint tenants. My mother still lives in the house. there is no mortgage on the house. My brother now wants to change to tenants in common. I believe he can force this against my will.
My questions are: will he be able to raise any money on the house by using his half as security without my consent? Will he be able to force the sale of the house without my consent? What rights does my mother have? How do I protect my mothers interests and my own interests?
It should be taken for granted in answering these questions that my brother is not open to reason and will do anything in his power to raise money without thought of the consequences to anyone else.
Thanks in advance
Paul
Answers
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I'm not so sure that the 'force the sale' bit is so straightforward.
My father in law owned a field as TiC with my late uncle in law. My uncle died and passed his ownership to his wife. Now both my FiL and his sister in law want to sell the field to realise the cash (though both deny it to each other!).
However, they are now in a bit of a stand-off, as neither wants the other to gain disproportionate advantage from the asset. Each could sell their own part of the ownership, but in the open market each half on its own is seriously devalued by the fact that someone else owns the other half. I know my FiL has taken legal advice, and has been told 'if you want to sell, really the only person you could sell to is your sister in law, as no one else would buy it'. But if he does that, the value rockets, and his SiL makes a packet. And vice versa.
So, yes, your brother could sell his half of the property, but he can't sell your half-share without your consent. Would you buy half a house, when the other part owner will be at loggerheads with you?
I would imagine, for these reasons, his ability to raise money against the house will be impaired.
My father in law owned a field as TiC with my late uncle in law. My uncle died and passed his ownership to his wife. Now both my FiL and his sister in law want to sell the field to realise the cash (though both deny it to each other!).
However, they are now in a bit of a stand-off, as neither wants the other to gain disproportionate advantage from the asset. Each could sell their own part of the ownership, but in the open market each half on its own is seriously devalued by the fact that someone else owns the other half. I know my FiL has taken legal advice, and has been told 'if you want to sell, really the only person you could sell to is your sister in law, as no one else would buy it'. But if he does that, the value rockets, and his SiL makes a packet. And vice versa.
So, yes, your brother could sell his half of the property, but he can't sell your half-share without your consent. Would you buy half a house, when the other part owner will be at loggerheads with you?
I would imagine, for these reasons, his ability to raise money against the house will be impaired.
To deal with the points raised:
(1) You can unilaterally change a joint tenancy tenancy to a TIC, but you cannot under any circumstances unilaterally change a TIC to a joint tenancy.
(2) In the case of Paul, where there is no friendship between the parties, the brother will simply apply to a court for an order to sell with the proceeds divided accordingly pleading that the members of the TIC are unable to agree upon the management of the property. These order's are never refused.
(3) Stamsal's situation is not clear. If both want to sell the field then surely that is all they do and divide the proceeds. Where's the complication?
(1) You can unilaterally change a joint tenancy tenancy to a TIC, but you cannot under any circumstances unilaterally change a TIC to a joint tenancy.
(2) In the case of Paul, where there is no friendship between the parties, the brother will simply apply to a court for an order to sell with the proceeds divided accordingly pleading that the members of the TIC are unable to agree upon the management of the property. These order's are never refused.
(3) Stamsal's situation is not clear. If both want to sell the field then surely that is all they do and divide the proceeds. Where's the complication?
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