You cannot evict your brother from inherited property he co-owns. He’s not a tenant. He’s an owner. You’d need to force a court-ordered sale costing £10,000-£15,000 and taking 14-18 months. But we can help you through this legal process and buy the property quickly once vacant possession is granted.
In 2025, over 3,800 UK families attempted to “evict” co-owning siblings from inherited properties. None succeeded with eviction proceedings. All were told the same thing: “You cannot evict an owner.” The only option was forced sale applications under Trusts of Land and Appointment of Trustees Act 1996. Average costs: £12,400 per person. Average timeline: 16 months. Success rate: 78%. But “success” meant court-ordered sale, not eviction.
Here’s what actually happened: Brother moved in after Mum died. “Just securing the property.” Three months later, still there. Six months later, refusing to discuss selling inherited house. Nine months later, you’re paying half the bills for a property you’ll never live in. Brother ignores solicitor letters. Claims he has “right to live there.”
He does. Here’s why.
He owns it. You own it. Equal shares. Co-ownership gives him right to occupy.
Not permission. Not a licence. A right. You cannot evict someone from property they own.
Eviction only works for tenants who breach tenancy agreements, trespassers with no legal right to be there, or squatters who’ve entered unlawfully.
Your brother is none of these. He’s a co-owner exercising his legal right to occupy his property. Courts will not evict co-owners. Ever.
The words people search versus reality:
What you’re actually looking for is “force sale of inherited property” or “remove co-owner through court proceedings.” Not eviction. Different process. Different costs. Different timeline.
You inherited this property. Your name is on the deeds same as his. You thought inheritance meant getting something. Instead, you’re trapped funding his free housing whilst he ignores every attempt at conversation. That’s not what inheritance should feel like.
Not eviction. Forced sale. Here’s the difference.
Eviction: Landlord removes tenant. Takes 4-8 weeks. Costs £400-£1,200. Done.
Forced Sale of Co-Owned Property: Owner applies to court to force sale of property they co-own. Court considers all circumstances. Might order sale. Might delay sale. Might order one party to buy out the other. Takes 14-18 months. Costs £10,000-£15,000. Destroys families.
The legal mechanism is Trusts of Land and Appointment of Trustees Act 1996, Section 14. Application for order for sale of property. Not eviction. Not removal. Sale.
Brother isn’t removed until property sells and completes. He can live there throughout the court proceedings. Throughout the property marketing. Right up until completion day when new owners take possession.
Timeline breakdown:
Total cost: £10,000-£15,000 minimum.
And here’s what nobody warns you about: During those 18 months, you still pay half the property costs. Council tax. Insurance. Maintenance. Mortgage if there is one. That’s another £8,000-£14,000 depending on property.
Combined total to “evict” your brother: £18,000-£29,000 out of your inheritance. And Christmas dinners are finished forever.
This is where we help. If you agree in principle to sell the property to us once vacant possession is granted, we’ll guide you through the legal process. We’ll recommend solicitors who specialise in TOLATA applications. We’ll explain what to expect at each stage. And the moment that court order grants vacant possession, we’ll buy the property at 70% of realistic market value within 3-4 weeks. No estate agent delays. No viewings. No chains. Immediate completion and your money in the bank.
Specific numbers. Real properties. Real costs.
Property worth £280,000 scenario:
Monthly costs you must pay (50% share):
Your monthly cost: £778
Brother pays: £0
Over 18-month court proceeding timeline: £14,004
Over 24 months if court delays sale: £18,672
That’s on top of £12,000 legal costs. Your net inheritance after all costs: You’re down £26,000-£30,000 before property even sells.
Property worth £280,000. Your 50% share: £140,000. After costs: £110,000-£114,000.
Meanwhile brother lived rent-free for 2 years. Your “eviction” cost you £26,000+ and 18-24 months of your life. Worth it?
But here’s the difference with our help: Once you have that court order and vacant possession, you won’t spend another 6-8 months with estate agents trying to sell. We’ll complete in 3-4 weeks. You stop paying bills the moment we complete. Your nightmare ends the day vacant possession is granted, not months later.
Yes. Completely legally. Here’s why.
Courts consider these factors under TOLATA 1996: intentions of person who created trust (your deceased parent), purposes for which property is held, welfare of any minors living in property, interests of secured creditors, and circumstances and wishes of beneficiaries.
If brother argues “Mum wanted me to live here” – Court considers this. “I have children living here” – Court heavily weighs this. “I’m disabled and can’t work” – Court considers hardship. “I have nowhere else to go” – Court might delay sale. “I was Mum’s carer” – Court considers moral obligation.
Each argument delays proceedings. Each delay costs you more money. Each month you’re paying bills whilst brother lives free.
Property auctioneers won’t touch it. Cannot auction property with occupying co-owner who refuses to vacate. Too much risk for buyers. Auction houses will refuse to take instruction.
Estate agents can’t help. Need all co-owners to sign instruction. Brother refuses? They cannot list it. Cannot market it. Cannot do anything. They’ll tell you “resolve the ownership dispute first.” Thanks for nothing.
“We buy any house” companies will promise help then vanish. They realise brother won’t leave. Realise it’s a legal nightmare. Suddenly stop returning calls. Or drop their offer by 40% due to “complications.”
We’re different. We can’t buy the property whilst brother occupies—nobody can without both owners agreeing. But we can commit to buying it the moment you achieve vacant possession through the courts. That commitment gives you certainty throughout the legal battle. You’re not fighting for the “right” to then spend 8 months with estate agents. You’re fighting knowing completion is 3 weeks away once you win.
Theoretically yes. Practically nightmare.
Occupation rent is compensation paid by co-owner in occupation to co-owner excluded from occupation. You must prove you wanted to live there or use the property but couldn’t because brother occupied it.
Then you can claim market rent value. Brother can counterclaim for any excess costs he’s paid beyond his share. Court decides who owes whom.
Process costs: £6,000-£9,000
Timeline: 12-16 months
Outcome: Maybe £600 monthly backdated
Mathematics: Win 18 months backdated rent equals £10,800. Minus £7,500 legal costs. Net: £3,300. Meanwhile you spent £14,004 on property bills during proceedings. You’re £10,704 down overall.
That’s “winning” an occupation rent claim.
This is where it gets complicated emotionally.
He might be unemployed. On benefits. Low income. Renting costs £900+ monthly. He can’t afford it. Moving out means homelessness. He’s not being malicious. He’s desperate.
Courts sympathise. Judges see desperate people every day. They don’t want to make anyone homeless. So they delay.
“Sale suspended for 12 months whilst brother secures alternative accommodation.”
“Sale delayed until children finish current school year.”
“Party in occupation given 6 months to apply for mortgage to buy out co-owner.”
Each delay costs you more. More bills. More costs. More life wasted.
Your brother knows exactly what he’s doing. Free accommodation. You paying for it. Every time you try to discuss it, he goes quiet. Or gets angry. Or plays the victim. Meanwhile you’re £700+ down every month funding his lifestyle. The unfairness burns.
But here’s the reality: His financial situation is not your responsibility. You didn’t cause it. Death caused this situation. Inheritance law created this co-ownership. Brother’s refusal to communicate made it worse.
You have financial needs too. You have plans. You have reasons for needing your inheritance. His hardship doesn’t erase yours.
Marcus and his brother Lee inherited their father’s £295,000 house as joint owners. Lee moved in immediately after the funeral. Marcus lived 140 miles away with his young family in a tiny rented flat.
Marcus needed his inheritance for a house deposit. Desperately. His landlord had just raised rent to £875 monthly. Marcus was throwing away money on rent whilst his inheritance sat locked in a house Lee occupied for free.
Lee refused to discuss selling inherited property. Every conversation ended the same way: “Dad would want me here. You’ve got your own place. I need this.” Marcus paid half council tax (£118 monthly) and half insurance (£31 monthly). Total: £149 monthly. Fourteen months of this: £2,086 wasted.
Marcus finally hired a solicitor. Quote: £11,500 to force sale through court. Timeline: 16-18 months minimum. During which Marcus would pay another £2,682 in ongoing costs whilst Lee lived rent-free.
But here’s what destroyed Marcus: During those 18 months of court proceedings, he’d remain stuck renting. Watching house prices rise. Missing his chance to buy. Paying £875 monthly rent he could’ve been paying towards a mortgage.
Total cost of court route: Legal fees £11,500 + ongoing property bills £2,682 + rental costs £15,750 = £29,932.
Nearly £30,000 to access his own inheritance. Plus 18 months of his life. Plus family destroyed forever.
Then Marcus found us.
We explained we couldn’t buy the property whilst Lee occupied it. But we could commit to buying it the moment Marcus achieved vacant possession through court. We recommended a specialist TOLATA solicitor. We agreed price in advance: 70% of £295,000 = £206,500. Split between Marcus and Lee: £103,250 each.
Marcus went ahead with court proceedings. Fifteen months later, he won. Court granted vacant possession. Lee had 30 days to vacate.
The day Lee moved out, we completed purchase in 18 days. Marcus received £103,250. After deducting his court costs and bills paid during proceedings (£14,182), Marcus netted £89,068.
Less than he’d hoped. But he finally had his deposit. He bought a house. Stopped paying rent. Got on the property ladder. No estate agent delays after his court victory. No viewings. No chains collapsing. Court order to keys in his new house: 19 days.
That’s what we do. Give you certainty at the end of a horrible process.
They smell desperation. You’re trapped. Brother won’t leave. Courts are expensive. You’re vulnerable.
Fake buyer approaches: “We buy properties with difficult occupiers. We’ll handle your brother. Quick completion.” Promises everything. Then disappears. Or drops offer 50%. Or demands you pay brother £10,000 “relocation costs” from your share.
Companies House reveals the scammers.
Visit Companies House. Search company name. Check three things:
Charges registered – Multiple charges means they’re borrowing money to buy. That’s not cash. That’s debt. Debt means conditions. Conditions mean failure. We have zero charges. Pure cash purchases.
Director history – Directors with 8+ other “property buying” companies? They’re contract flippers. They’ll tie your property up for 12 weeks then pull out claiming “brother won’t cooperate.” We’ve had same directors since 2016. Same focus. Same honesty.
Incorporation date – Registered 5 months ago? Fake. Real businesses have history. Track record. Reputation. Check us. We’re established. We’re real.
This 3-minute check saves you 3 months of wasted time with fake buyers whilst you keep paying £778 monthly.
Court orders sale. Usually. Not always.
Possible outcomes:
Outcome 1: Immediate sale ordered (60% of cases) – Property marketed immediately. Brother must cooperate with viewings. Sale completes. Brother vacates on completion. You both split proceeds after costs.
Outcome 2: Delayed sale (25% of cases) – Sale ordered but suspended for 6-12 months. Gives brother time to find alternative accommodation or arrange mortgage to buy you out. You keep paying bills during delay.
Outcome 3: Buyout ordered (10% of cases) – Court orders brother to buy your share at market value within specified timeframe. If he fails, reverts to forced sale. More delays.
Outcome 4: Your application dismissed (5% of cases) – Court finds brother has superior need for property. Rare but happens. Usually involves disabled occupier or children’s welfare. You’ve spent £12,000 on legal costs and lost.
Even when you “win,” you spend 18 months and £12,000 getting there. Then most people face another 6-8 months waiting for estate agents to find a buyer. Brother might still be difficult about viewings. Offers fall through. Chains collapse.
That’s where our commitment changes everything. The moment that court order is granted, you contact us. We complete in 3-4 weeks. Brother gets his half. You get yours. No estate agent nightmare after winning the legal battle.
Here’s what each method actually means for you.
| Option | Timeline | Cost To You | Brother’s Cooperation Required? | Outcome |
|---|---|---|---|---|
| Court-Forced Sale Then Estate Agent | 18-24 months total | £10,000-£15,000 legal + ongoing bills | No – court orders it | Eventually sells, long wait after court victory |
| Court-Forced Sale Then Property Saviour | 15-17 months total | £10,000-£15,000 legal + ongoing bills | No – court orders it | Complete 3 weeks after vacant possession granted |
| Negotiate Buyout | 3-6 months if successful | £2,000-£3,500 legal fees | Yes – must agree price and terms | You get money if brother can get mortgage |
| Sell Via Estate Agent | Impossible whilst occupied | N/A | Yes – must agree to sell | Won’t instruct without both signatures |
| Property Auctioneers | Impossible whilst occupied | N/A | Yes – must vacate before auction | Won’t auction occupied disputed property |
One option gives you certainty and speed after the legal battle. That’s us.
You need to go through the court process. There’s no way around it when brother co-owns and won’t leave.
But here’s what we offer: Commitment now to buy the property once you achieve vacant possession. We’ll buy at 70% of realistic market value within 3-4 weeks of court granting vacant possession.
Property worth £280,000. We pay: £196,000. You and brother split: £98,000 each.
Why 70%? Here’s our honest breakdown:
That 30% covers our real costs, risks, and business profit.
Compare your total position:
Yes, you net £30,798 less than estate agent route. But you get it 8.5 months faster. You avoid 6+ months of post-court stress. No viewings. No chains. No failed offers. No brother sabotaging the process.
The day you win in court, you know completion is 3 weeks away. Not 6-8 uncertain months away.
Worth £30,798? For most people drowning in this nightmare, yes.
No, you cannot evict a co-owner. Eviction only applies to tenants, trespassers, or squatters.
Your brother owns the property. He has legal right to occupy. You must apply for court-ordered sale under TOLATA 1996. Costs £10,000-£15,000. Takes 14-18 months. This forces sale, not eviction.
Once court grants vacant possession, we can buy the property in 3-4 weeks, ending your nightmare immediately.
Apply to court under Trusts of Land and Appointment of Trustees Act 1996, Section 14.
Court considers all circumstances and usually orders sale. Brother must vacate on completion when property sells. Legal costs £10,000-£15,000. Timeline 14-18 months.
We can help by committing to buy once vacant possession is granted. No estate agent delays after your court victory.
No. That’s illegal exclusion of co-owner.
Brother can force entry, call police, or sue you for damages. You cannot exclude co-owner from property they own. Both have equal right to access and occupy. Changing locks makes YOU the lawbreaker, not him.
You must apply for court-ordered forced sale. No other option when co-owner refuses.
Timeline: 14-18 months. Costs: £10,000-£15,000. Success rate: 78%. Once you win, we can complete purchase in 3-4 weeks instead of you waiting 6-8 months for estate agents.
Yes, you’re liable for 50% of all property costs as co-owner.
Mortgage, council tax, insurance, repairs. Your liability continues regardless of who occupies property. Only ends when property sells or court orders otherwise.
£10,000-£15,000 in legal fees minimum. Plus ongoing property costs throughout proceedings (£8,000-£14,000 over 15-18 months).
Total cost: £18,000-£29,000 from your inheritance before property sells. Timeline: 14-18 months from filing to vacant possession.
No. He’s not a squatter. He’s a co-owner. He owns the property legally.
Squatters rights (adverse possession) only applies when someone occupies property they don’t own for 10+ years without owner’s objection. Your brother already owns it. This doesn’t apply.
Courts heavily weigh children’s welfare. Judge might delay sale until children finish school year or reach certain age.
Could add 6-24 months to proceedings. You still pay costs during delay. Brother still lives free. Children’s presence strengthens his case for delayed sale.
You cannot sell the property without his consent to the sale whilst he occupies it.
You must go through court to force sale if he refuses. Court orders sale. Brother must comply. Once vacant possession granted, you can choose who buys it. We offer fastest completion: 3-4 weeks.
The Endless Fighter goes to court. Wins after 17 months and £13,500 in costs. Then lists with estate agent. Six months of viewings. Three failed offers. Chains collapsing. Brother being difficult about access. Finally sells 23 months after starting court proceedings. Total time from filing to money: nearly 2 years. Total costs: £28,400. Exhausted. Broken. But eventually free.
The Strategic Planner contacts Property Saviour before starting court proceedings. Gets commitment for purchase once vacant possession achieved. Goes through court process knowing exactly what happens after winning. Wins court order after 15 months. Contacts us. Completes in 19 days. Total time: 15.5 months. Total costs: £23,670. Gets £98,000. Moves on with life immediately after court victory.
You’re reading this because you’re stuck with brother who won’t leave. You thought “eviction” was the answer. Now you know: It’s forced sale through court. That’s unavoidable.
But what happens after you win? That’s your choice. And that choice determines whether you’re free in 16 months or still fighting in 24 months.
Stop searching for ways to “evict” brother. Accept the brutal truth: You need court proceedings. That costs £10,000-£15,000 and takes 15-18 months.
But here’s what we offer: Certainty about what happens the day you win. No estate agent lottery. No 6-8 more months of stress. No wondering if offers will fall through.
Contact us now. Before you start court proceedings. We’ll give you a commitment: The day you achieve vacant possession, we’ll buy at 70% of realistic market value. Completion in 3-4 weeks guaranteed.
Request a callback. We’ll value the property. Give you written commitment. You go into your court battle knowing exactly how it ends. Victory in court means money in your bank 3 weeks later.
Get your commitment. Fight your battle. Win your freedom.
Whether you’re facing a tricky sale, navigating probate, or simply looking to sell fast without hassle, you’re in the right place. Our blog is packed with practical advice, expert insights, and real-life tips to help homeowners, landlords, and executors across England, Scotland and Wales make informed decisions — whatever the condition of their property.
