The Question
My parents have left my brother and me a rental property. He wants to sell the house but I don’t. Where do I stand legally? Can he force me to sell it?
Simon’s Answer
Whatever the legal position, it is always wise to try to negotiate a solution first with your brother. The legal fees and time to litigate such a dispute will be substantial. That may not be possible.
You could consider offering to buy out his interest voluntarily, at an open market price.
If the property is still held on trust for you both by the trustees under the will, then it would be for the trustees to exercise their discretion as whether to agree to a sale. There may well be a provision in the will setting out their instructions in such a situation.
It may be that you own the property now as joint tenants. It would be necessary for your brother to first sever the joint tenancy to make the ownership as ‘tenants in common’, before looking to force a sale.
However, more likely, the property has already been assented to you both equally, as tenants in common, under the will.
As such, if one of you wants to sell, then your brother can eventually seek a court order for sale and distribution of the assets between you. The court has power to order that.
Legal costs could also be ordered to be paid by you, if the court finds against you. Those costs could be many thousands of pounds.
Simon Steele-Williams is a partner & dispute resolution solicitor for Parfitt Cresswell (Uckfield Office)
