The house was left to my brother and myself after parents died. At this time 6 yrs ago, I was in rented accomodation, bringing up full custody of my grand children. Brother wanted to sell house, give me half, but impossible as all my inheritence would go on rented property. Therefore I took out equity release and gave it to him, still owing my brother 40,000, he let us stay there, providing that on the eventual sale of house I have to give him 1/6 th of the sale of the property. At the same time for the last 6 yrs have a written agreement that I must pay him cash (not direct debt etc) a payment of £200 pound a month, which have been doing so which is not coming off the sale of property but just because i live there!! So therefore have paid over 10,000. Now the grandchildren have left home, I have fallen ill, and can not pay the 200 a month. Asked if he will accept 50 pounds, waiting to hear back. As much as I love my brother he has a very different life financially compared to myself. Am I being fair? I personally think what he is doing is illegal as paying no taxes etc on my payments. Any advice would help thanks.

I wouldn’t worry a lot about any tax implications if your monthly payments are called rent. He could be paying taxes without your knowledge, if not it’s his problem.
I think he is being kind and generous. We live in the most affordable part of the US and rent on any house starts around $1,000 and you are paying about $275 US.
Maybe you can offer a larger share of the house in exchange for living there longer without any monthly payment. Moving is tough, but an assisted living place might be the best.
Helpful Answer (0)
Reply to Jakjak

Playing devils advocate here..
If Usual and customary rent for the house you are in is 400 a month then the 200 is "normal" as it is half of what you/he would have obtained had it been rented rather than sold.
For this 200 a month has he as well provided half the upkeep?
Not sure what is typical where you are but here in the USA normally gas and water is provided when you rent. Electric is your own bill. (some areas you would also pay for gas as well as garbage pick up)

Not paying taxes on income on the money he got as rent is not legal. And I am guessing he may have written off depreciation on the property as well. If you have a written agreement that you would pay him rent you could turn that over to the person that does your taxes and have them report your brother for failing to report the income..if he has failed to report it...are you sure he has not? (guessing not)

Take whatever you are owed when the property sells and use it wisely for YOURSELF, for your future, NOT your kids or Grand-kids.
I would look for a smaller place, possibly Independent Living or Assisted Living depending on your situation.
(given all the problems I see here do not make plans to move in with one of your Kids save them and you the stress)
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Reply to Grandma1954

If you are ill, can you still physically maintain the home? If not it is time to sell before it falls into disrepair. You only owe 1/6. Why not live in smaller quarters before you become permantly disabled
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Reply to MACinCT

You’re not in the US? I believe you need to consult with an attorney or at least a financial advisor. If anything illegal is going on with what your brother is doing, you do not want to be involved in any way. It does sound like your payments to him were “under the table” as we say, and if it’s discovered, you could be held responsible as well. If there is a Legal Aid society as we have here in your country seek them out for free representation.
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Reply to Ahmijoy

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