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Godfery3q

 

My brother and I inherited our mother's house 10 years ago

For the first 5 years he lived there rent free and for the last 5 we have been letting it. I feel it is time to sell and go our separate ways financially and he wants to keep hold of it forever unless I buy him out which I cannot afford to do. My first question is, is it possible to sell a jointly owned property if one party does not want to?

The other issue I have is that I would like to live there for a while in order to avoid a large capital gains tax bill and feel that as he had some time there it is not unreasonable that I do too. This would obviously leave him without that income and as I received a large tax bill in respect of the rental income from the property, which I have paid, I know that he will get one too, however my brother received a letter from HMRC last year which he has not opened. If it turns out that he owes alot of money which he cannot pay can they force a sale as it is his only asset?

If you know the answers to these questions I'd be very grateful for your advice, if not do you know where I can find out?

Thank you.

Kind regards,

Tara.

Check with a solicitor- but ideally don't get in to legal wrangles. I think Both parties would need to agree to sell. on the other issue, you cannot hide for HMRC and you could be worrying about nothing, so open the letter and deal with whatever it says. I don't think they could force the sale of a jointly owned property- but check with your solicitor. M

 

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