My husband’s mother and stepfather had a jointly owned property as tenants, so when they both came over, the house went to my husband, who was their caregiver.
However, my husband’s mother passed away in 2013 and after 15 years, the stepfather’s son came out of the woodwork.
The stepfather then sold the house but put his son on the deeds with him so that he would get his half.
This wasn’t a problem for us as both he and my husband would get 50 percent each.
My husband doesn’t talk to the stepbrother for some reasons. However, the father passed away earlier this year and the stepbrother refuses to have any contact with us or tell us anything about the house.
We asked a lawyer to send a letter, which he did, but neither the stepbrother nor his lawyer contacted us.
For all I know, he may be renting the house for money.
Inherited part of the house: stepbrother ignores any contact about next steps (stock image)
My husband is a beneficiary in the will and in the Land Registry there is a restriction on the new house that refers to his mother’s will.
I am registered with the Land Registry for all activities on site, but we have no money for a lawyer, so where do we stand?
Tanya Jefferies from This is Money replies: It is unfortunate that your husband’s stepbrother has so far been unwilling to communicate even indirectly through lawyers about this shared asset.
If, as you say, they jointly own this property, then you understandably don’t want to leave things at the current impasse.
It seems that in order to get his share, your husband must continue to pursue this legally, if necessary always at arm’s length through lawyers, which of course only increases the legal bill that you cannot pay anyway.
We have asked an attorney with experience in this specific area to explain the typical steps that need to be followed to successfully resolve this for you.
And we also asked him to explain what options you have if you were struggling to pay your legal fees as things stand now.
If it is clear that your husband owns half of a property that will eventually be sold, fortunately there is a way to defer payment of the bill until it can be paid from the final sale proceeds.
The details are discussed below and it certainly sounds worth exploring, especially if the alternative is that your husband doesn’t inherit the share of the house his mother intended.
You have already found a lawyer to write a letter to, and if their services are satisfactory, you can ask if they would like to continue pursuing your case on a ‘deferred fee arrangement’.
If that firm isn’t willing, or if it didn’t amount to much in the first place, you can find others in your area on the Law Society’s useful website. Find a lawyer search tool.
However, word of mouth is always best, so it is worth asking friends and family members you trust if they know or have used a reputable and competent lawyer lately.
Even if it were a different type of legal issue entirely, that firm might have lawyers who cover the right area and who are good too.
Stuart Parris, senior associate and lawyer in the dispute resolution team at law firm Nelsons, responds: It appears that your husband and his stepbrother each own 50 percent of the property.
First, you need to confirm that the wills of your husband’s mother and stepfather leave their share of the property absolutely and that there are no provisions allowing the other, or their successors, to remain in the business.
Assuming this is the case and the tenants in common approach has been adopted, both your husband and his stepbrother now hold the property in absolute and effective trust for the benefit of both of them.
This means that your husband now has the legal right to pursue the sale of the property.
What happens if the house is rented out?
When it comes to the property being rented out, your husband can also claim an account of any rental income and receive his 50 percent share.
If his stepbrother lives in the property, rather than renting it, your husband can also make a claim for professional tenancy.
This would most likely amount to 50 percent of the market rent from the time his stepbrother lived in the property after his stepfather’s death.
However, I would strongly advise your husband to seek legal advice on this point as the requirements for a tenancy claim for an occupation can be complex.
You should obtain a will to confirm that there is no provision in either that allows your spouse’s stepbrother to continue in occupation or possession
Can you make additional claims?
It depends on whether other facts come to light. In some scenarios, your husband may have a “foreclosure” claim.
This is a legal term that essentially means that your husband’s stepbrother can be prevented from going back on something his father or your husband’s mother originally said or promised.
For example, if his stepbrother tries to argue that he has the right to stay in the house, that the house should absolutely be his, or if he disputes their respective shares, your spouse may have a claim of estoppel.
However, for such a claim to succeed, he would have to have evidence and prove several points.
Based on the facts you have provided here, it may not be possible to claim exclusion.
Nevertheless, this may be a claim or defense you want to consider depending on how things progress.
What action should you take now?
The first step should be to obtain the wills to confirm that neither contains any provisions that would allow your husband’s stepbrother to continue to occupy or own the property.
Assuming there is no restriction, your spouse will need to issue a formal ‘pre-action letter’ setting out his claim for the property to be sold and for an justification of the rental or commercial tenancy claim, if the stepbrother has rented or lived in the property.
Ideally, this would open up correspondence with his stepbrother so they can narrow down the issues and hopefully come to an agreed path forward.
If lawyers are involved, at this stage they would encourage your husband and his stepbrother to enter into negotiations.
If there is no response or insufficient response to conclude the case, your spouse must submit his claim to the court.
The court will give a number of instructions that the parties must adhere to, provided that the claim is defended by his stepbrother.
If the claim goes to trial, the likely outcome will be an order for the sale of the property, with each party receiving their respective share.
What if you cannot afford the legal costs?
If you cannot afford the legal fees to proceed, option one is to complete the above steps as a “personal litigant” – meaning without legal representation.
I would caution against this, however, because in the worst case scenario, if your husband does this incorrectly, he could be liable for his stepbrother’s legal fees.
A second option is a ‘deferred compensation arrangement’.
Ideally, your husband’s legal costs could be paid in this way after the case has been finalized from his share of the proceeds from the sale of the property.
This will require your spouse to provide some form of security over their share and confirm that there is sufficient equity in that share to cover any potential legal costs.
Or a third option is for your husband to find a law firm willing to take on this case in a “conditional fee agreement.”
This is essentially a ‘no win, no fee’ arrangement. However, it is rare to obtain such a settlement for these types of claims.
Contingent fee agreements can ultimately cost much more than privately funding the legal costs to pursue the case.
