Issue with a house sale

CptMackey

Long story but my wife and her brother both inherited a house from their dead sibling. Wife's parents then said for her brother to move in and that it would be his house with out buying my wife's share . This has been on going now for a while until last week when the brother decided that he is going to sell the house and use the proceeds to buy a new house in his name only . My wife would receive no money from the sale. Her parents and brother have said not to be looking for money as she has a house with me on which we have a mortgage.

What I'm wondering can this be legal? Would she be liable for capital gains tax ?

I want her to get legal advice on it but she is having none of it as she doesn't want to upset her family.

Don't know what to do

Your wife getting proper independent legal advice is the only way to go.

Edit: It sounds like a mess.

Ghekko

Is she for real - doesn't want to upset the family meanwhile they walk all over her? Who was the executor of her brothers will? That person should have seen that your wife either jointly owns the house or got half the value of it from the brother. Your wife most definitely needs to see a solicitor.

CptMackey

[Deleted User] wrote: »

Your wife getting proper independent legal advice is the only way to go.

Edit: It sounds like a mess.

Ya it's a mess alright . And a headache

Not sure who was the executor

emeldc

Who's name is on the title deed. If your wifes name is still on it I don't see how he can sell without her permission.

seamus

This is not legal, it's basically theft because they know she's entitled to the money but they're telling her she can't have it.

That's really the only way you can lay it out to her - her family are treating her like a doormat because she lets them. They are planning on stealing from her, and she doesn't want to say anything in case she upsets them.

First thing she needs to do is assert to her family that the property is half hers and she is taking half of the proceeds. If they push back, then she needs to get a solicitor.

But obviously you can't force her to do this, all you can do is keep pointing out to her the fact that they're attempting to steal from her.

Taking matters into your own hands and being the one to call them out is something you can do, but you could damage your own marriage, so it's risky. If you were married at the time that the sibling died, then in theory you may have a legal claim to your wife's half of the house, but you risk damaging your own marriage over money. I wouldn't do it unless your wife decided that she wanted you to take the lead on it.

ArthurG

CptMackey wrote: »

I want her to get legal advice on it but she is having none of it as she doesn't want to upset her family......

So what does your wife want?. Sound like the upset party here is you, and the fact that she won't benefit from a sale. Perhaps she is happy for her brother to be the sole beneficiary of the house?.

CptMackey

I have been told both their names are on the deed. I'm stuck between a rock and a hard place. All I can do is point her in the direction of legal advice because it could as has been pointed out above cause trouble between us.

It also wouldn't be the first time we had an argument over that house.

CptMackey

ArthurG wrote: »

So what does your wife want?. Sound like the upset party here is you, and the fact that she won't benefit from a sale. Perhaps she is happy for her brother to be the sole beneficiary of the house?.

She isn't happy about it. It has already had tax implications for us. How can he be the sole benificary of a house they both own.

cruizer101

I think its crazy what the family are suggesting but it is up to you and your wife what you want to do. Its terrible what inheritance can do to families it must be the main cause of estranged families. Personally I would be looking for the money and think it is a disgrace they don't see why the money shouldn't be split why else would the house have be left to both siblings if it wasn't the wishes of the passed on family member that both get the proceeds.

Even if your wife does want to let the sale go ahead and the brother get the proceeds there is probably tax liabilities as the gift tax limit is only 32.5k between siblings.

SusanC10

Please strongly advise that your wife see a Solicitor asap. An independent Solicitor who does not act for her family members.
If after getting advice she still wants to proceed then you have done all you can.
Has she already paid CAT on the Inheritance ? Will any CGT come from the Sale proceeds ?
It seems an odd way of dealing with things. Was there more to the Inheritance apart from the house ?

Cushie Butterfield

Your wife (& you) would be extremely foolish & shortsighted to let this go. If you have children she would be depriving them of the benefits of what the proceeds of the sale would bring.

Your wife’s share of the proceeds could be put towards paying a lump sum off your mortgage, your children’s future, refurbishments, any number of things.

She should also honour her deceased brother’s wishes i.e. the house to be left to both of them.

My advice is don’t let this go & seek legal advice asap. If any other family members butt in just tell them that the matter is now out of your hands & to put any concerns they may have in writing & you’ll certainly forward them on to your solicitor.

seamus

This is incredibly messy, because aside from CAT she will have had to pay on the inheritance, she may be liable for CGT on the sale of the property, and the brother may be liable for CAT if she "gifts" him her half of the house.

She needs to put her foot down. Her name is on the house, so he can't sell without her agreement. If he does, that breaks all sorts of laws, and his solicitor is unlikely to go along with it. Let him insist on the sale, but engage her own solicitor to manage her half of the sale.

They are literally trying to bully her into, "Give him the money cos you don't need it". Fnck that.

nuac

Mod
Solicitor time. but will leave open for general discussion subject to rule on legal advice

my3cents

OP, totally not legal advice and something that could go either way however still worth mentioning?

Have you asked your wife if she knows what the intention was of the sibling that left the house to her and her brother.

On one hand it might have been that the dead sibling would have taken the family view that your wife is sorted so would have wanted her brother to inherit the house but just as likely is that they genuinely wanted to share out their wealth between their siblings. Assuming this was a sibling that your wife knew and loved it might be worth asking the question as she might have the answer?

4ensic15

my3cents wrote: »

OP, totally not legal advice and something that could go either way however still worth mentioning?

Have you asked your wife if she knows what the intention was of the sibling that left the house to her and her brother.

On one hand it might have been that the dead sibling would have taken the family view that your wife is sorted so would have wanted her brother to inherit the house but just as likely is that they genuinely wanted to share out their wealth between their siblings. Assuming this was a sibling that your wife knew and loved it might be worth asking the question as she might have the answer?

It is obvious the dead sibling made a will and left the property between the brother and the o/ps wife. the intentions of the dead sibling must be inferred from the will and nothing else.

my3cents

4ensic15 wrote: »

It is obvious the dead sibling made a will and left the property between the brother and the o/ps wife. the intentions of the dead sibling must be inferred from the will and nothing else.

But the OP's wife isn't inferring anything? My point is that it might be easier to proceed for the OP if he can be persuade his wife that was the siblings intention.

The will obviously means nothing to her perhaps her siblings intentions may have more impact if she knew that they were 100% in line with the will.

We all know the obvious legal side of this question but there is far more too it than that for the OP.

4ensic15

my3cents wrote: »

But the OP's wife isn't inferring anything? My point is that it might be easier to proceed for the OP if he can be persuade his wife that was the siblings intention.

The will obviously means nothing to her perhaps her siblings intentions may have more impact if she knew that they were 100% in line with the will.

We all know the obvious legal side of this question but there is far more too it than that for the OP.

Why would he have made the will that way if he had some other intention? How would the o/ps wife know of it? The basic rule is that a person's intentions are what appears in the will.