Hi, i’m a tenant in common with my brother on a UK property. A number of years ago my parents were in financial difficulties and I stepped into save the family home with my elder brother. I did not live in the property, I worked away. My elder brother lives in the property and has moved his wife in and recently had a child.
Prior to my brothers marriage I wanted to buy my own place, but I discovered I was unable to get finance due to the mortgage I had with him. He is disinterested in my aspirations and won’t listen to me and seems very content building a life in the property. All attempts to talk and seek a solution with him have failed and I have since been forced to rent and my life has been put on hold...
I have learnt that when we got the property we were not advised to have a trust deed drawn up so there is no agreement for him or I to honour. In view of my situation and our aging parents I suggested this be done for the future, but he chooses not to cooperate and is unwilling to discuss what to do with the property... My concern is both him and his wife now do what they like, treating the property as their own without ever consulting me and I don’t see it getting any better... For instance there were some spare funds left over from the mortgage for home improvements and he banked all the monies in his account and refused to give me half so I could contribute equally and have an equal say in the work. I also specifically requested that I be consulted over improvements to the property but he ignored my wishes and upgraded the bathroom and kitchen to suit his wife’s and his tastes/needs. Neither would he inform me of the improvement costs or provide records on how the money was spent. I am very disappointed because there were some structural recommendations made by the surveyor when we got the property, but he has disregarded this in favour of meeting more superficial cosmetic improvements and he claims he no longer has the funds to do the important repairs. Incidently he made this claim shortly after getting married and I believe thats where the rest of the repair funds went because we had a surveyor estimate all the work needed and there should be plently left over after the new kitchen and bathroom.
To complicate matters the situation helped me decide to take a job overseas and my mother who lives in the property pays my share of the mortgage direct to my brother. Recently somebody said this may add to my problem because by brother could argue he has had to pay the whole mortgage and try to claim more than his share. Is this possible? The fact he has forced me into the rental market for 5 yrs, still ignores me and won’t even listen when I’m thinking of returning to the UK is very distressing. I am approaching 40 years of age and would like to have a mortgage/property in my own name before I face further difficulties in obtaining a mortgage due to age. I need to get out of this situation so I can move forward with my life.
I’m looking to return to the UK in the near future and I would like to get my own place. I am happy to sell up, or let him buy my share but I don’t believe he will do it willingly as he seems content taking advantage of the situation. I no longer wish to be controlled by his choices. My parents are aware of the situation and have indicated they would like to move in with me if I can establish my own place when I get back. Can I push a sale through and part ways from him and his new family despite the fact he is very reluctant? I would rather get this over with soon, so he too can resettle before my new nephew reaches school age. Knowing my brothers unwillingness to reach an amicable agreement between ourselves I am very concerned this could be a protracted case. Does the law limit the duration of such cases and how long is it likely to take? In addition would I be able to take action from abroad or must I be present in the UK?
I really don’t know what to do next and I would really appreciate any additional advice and recommendations on how to go about this and an indication on the outcome and possible costs involved should I need to proceed with legal action. I look forward to your reply.