A dispute has arisen over a jointly owned house after the death of one of the co-owners, with the surviving stepbrother refusing to communicate with the other owner, who is the deceased's stepson. The stepson's wife has sought advice on how to proceed with claiming his inherited half-share of the property.
Property Ownership and Inheritance
The property in question was owned as tenants in common by the husband's mother and his stepfather. Upon the mother's death in 2013, her share was intended to pass to her son, who had been their carer. However, 15 years later, the stepfather added his own son to the property deeds, intending for both his son and the stepson to each hold a 50 percent share.
The stepfather died at the beginning of the year, and since then, his son has ceased all communication regarding the house. The stepson's wife stated that they have had a solicitor send a letter to the stepbrother, but neither he nor his legal representative has responded. There is concern that the stepbrother may be renting out the property and collecting income without sharing it.
The stepson is a beneficiary in his stepfather's will, and the Land Registry shows a restriction on the property referencing the mother's will. The wife has registered with the Land Registry to be notified of any activity on the property but is seeking options for legal recourse due to financial constraints.
Legal Recourse and Options
Stuart Parris, a senior associate and solicitor at Nelsons law firm, explained that if the property is jointly owned, the stepson has the legal right to pursue its sale. It is crucial to first confirm that the wills of the mother and stepfather bequeath their shares of the property absolutely, with no provisions allowing the other party or their successors to remain in occupation. If this is confirmed, and the ownership was indeed tenants in common, both the stepson and stepbrother hold the property absolutely, effectively in trust for themselves.
If the stepbrother is renting out the property, the stepson can claim an account of rental income and receive his 50 percent share. If the stepbrother is living in the property, the stepson may have a claim for occupation rent, likely amounting to 50 percent of the market rent from the time the stepbrother began living there after his stepfather's death. Legal advice is strongly recommended for navigating the complexities of an occupation rent claim.
Potential Additional Claims and Next Steps
Depending on further circumstances, the stepson might have a claim for 'estoppel,' which could prevent the stepbrother from going back on any original promises made by his father or the stepson's mother. However, such claims require substantial evidence.
The initial recommended action is to obtain the wills to verify there are no clauses preventing the stepbrother's occupation. If no such restrictions exist, a formal 'letter before action' should be issued, outlining the claim for the property's sale and demanding an account for rent or occupation rent. This aims to open communication and facilitate an agreement.
If negotiations fail or there is no response, legal proceedings may be necessary. The court would then set directions, and if the claim is defended, it could proceed to trial, likely resulting in an order for the property's sale and the division of proceeds according to each party's share.
Addressing Legal Costs
For individuals unable to afford upfront legal fees, several options exist. One is to act as a 'litigant in person,' representing oneself in court, though this carries the risk of being liable for the opposing party's legal costs if the case is mishandled. A 'deferred fee arrangement' is another possibility, where legal costs are paid from the sale proceeds of the property upon its conclusion. This typically requires granting security over the individual's share of the property. A third, though rare, option is a 'conditional fee agreement,' often referred to as 'no win, no fee,' which can sometimes result in higher overall costs than private funding.