Equal Shared House Property in a will between two people. One is renting without the others permission.?
My Dad and Uncle own a equal share in my deceased grandma's home as stated in the will..
Can my uncle be the tenant and rent it to other people without my dads permission? He doesn't communicate with my dad at all because they have no brotherly relationship... My uncle was also the carer and holds responsibility of the will as he quickly took the main lead as the person in charge... The house has been there for nearly 3 years now..... I do not know if he is illegally renting it by taking cash in hand (If that's illegal or not?) .. My farther has been to a solicitor who sent a letter to my uncles home stating that the will states an equal share in the home and my dad is free to participate in selling it when uncle is ready,, but he doesnt want to and I am thinking uncle just wants my dad to suffer until he ages and dies.
- HrēodbēorðLv 68 years agoFavorite Answer
The issue is not that your uncle was executor or conservator or whatever under the will. The only important point is that your grandmother left her house in her will equally to your uncle and your dad, and therefore they are equal owners now. Your dad should have the solicitor follow up with a cease and desist letter (order to stop) under the threat of further legal action to compel it. Unless your uncle is senile, he should then see he has no choice but to cooperate and act as co-landlord with your dad in all future rentals.
- RayLv 48 years ago
Hi,first of all the will will be the key to the problem, next is your dad and uncle registered the land as equal shares? or tenants in common, both have different outcomes that you legal advisor would have explained.
Now as if you and i owned the property on equal shares then any profit should be shared or put into an account and shared, all businesses should be registered with the local authority for tax as a going concern, also your dad is responsible if there was a claim from a tenant, if something was to go wrong. Insurance must be present on any building for rent house or flat.
There should have been consent from both parties to rent and share of the profits.
You need to consider the advice given by you legal advisor, or take steps to sell the property under the rules governing the partnership of your dad and uncle. If your uncle digs his heals in there are rules that will allow your dad to sell and your uncle could tend to loose the lot.