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    • katy123
    • By katy123 12th Oct 17, 6:23 PM
    • 208Posts
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    katy123
    Inheriting 50% of a house from parent + receiving rent
    • #1
    • 12th Oct 17, 6:23 PM
    Inheriting 50% of a house from parent + receiving rent 12th Oct 17 at 6:23 PM
    Hi

    Here's the situation my friend faces and asked me to help:

    She has inherited 50% of the house that her late father used to live in/owned. The other 50% owner is her dad's girlfriend, they don't particularly get on and was wondering if she is entitled to rent at 50%? There's no affordability issues and she doesn't want to go as far as asking/forcing a sale. Thanks

    Where does she stand legally?
Page 1
    • getmore4less
    • By getmore4less 12th Oct 17, 6:52 PM
    • 30,841 Posts
    • 18,446 Thanks
    getmore4less
    • #2
    • 12th Oct 17, 6:52 PM
    • #2
    • 12th Oct 17, 6:52 PM
    Did the father leave the GF a life interest?

    Who currently maintains the place?
    • katy123
    • By katy123 12th Oct 17, 9:09 PM
    • 208 Posts
    • 6 Thanks
    katy123
    • #3
    • 12th Oct 17, 9:09 PM
    • #3
    • 12th Oct 17, 9:09 PM
    Did the father leave the GF a life interest?

    Who currently maintain the place?
    Originally posted by getmore4less
    Sorry, should have mentioned, no life interest. Just a normal gift in will (not to trust or anything like that). Partner maintains the place.
    Last edited by katy123; 12-10-2017 at 9:18 PM.
    • Yorkshireman99
    • By Yorkshireman99 12th Oct 17, 9:26 PM
    • 3,379 Posts
    • 2,748 Thanks
    Yorkshireman99
    • #4
    • 12th Oct 17, 9:26 PM
    • #4
    • 12th Oct 17, 9:26 PM
    Sorry, should have mentioned, no life interest. Just a normal gift in will (not to trust or anything like that). Partner maintains the place.
    Originally posted by katy123
    Realisticly forceing a sale is the only way to resolve matters. Anything else wil be a constant souce of friction. Get it over in one go IMHO though she really must go and get paid for professional advice as to what the options are.
    • Keep pedalling
    • By Keep pedalling 12th Oct 17, 10:38 PM
    • 4,103 Posts
    • 4,466 Thanks
    Keep pedalling
    • #5
    • 12th Oct 17, 10:38 PM
    • #5
    • 12th Oct 17, 10:38 PM
    Realisticly forceing a sale is the only way to resolve matters. Anything else wil be a constant souce of friction. Get it over in one go IMHO though she really must go and get paid for professional advice as to what the options are.
    Originally posted by Yorkshireman99
    It's not the only solution, they could come to an arrangement on rent (although not 50% if she is paying for the upkeep of the place), she could agree to buy the OPs friend out, or they could agree amount themselves to sell it. If the partner is elderly and not in the greatest of help she could simply hang on for the enevatable to happen.

    Forcing a sale could get very expensive, an alternative voluntary arrangement would be better.
    • Yorkshireman99
    • By Yorkshireman99 12th Oct 17, 10:58 PM
    • 3,379 Posts
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    Yorkshireman99
    • #6
    • 12th Oct 17, 10:58 PM
    • #6
    • 12th Oct 17, 10:58 PM
    It's not the only solution, they could come to an arrangement on rent (although not 50% if she is paying for the upkeep of the place), she could agree to buy the OPs friend out, or they could agree amount themselves to sell it. If the partner is elderly and not in the greatest of help she could simply hang on for the enevatable to happen.

    Forcing a sale could get very expensive, an alternative voluntary arrangement would be better.
    Originally posted by Keep pedalling
    The reason I suggested that was because the OP said the two parties don’t get on. Of course a voluntary agreement would be best but in any case if the resident will not agree to a sale and mediation they are going to have to pay the bulk of the costs.
    • katy123
    • By katy123 12th Oct 17, 11:04 PM
    • 208 Posts
    • 6 Thanks
    katy123
    • #7
    • 12th Oct 17, 11:04 PM
    • #7
    • 12th Oct 17, 11:04 PM
    so insightful from both of you again...thank you so much...
    • Malthusian
    • By Malthusian 13th Oct 17, 9:20 AM
    • 3,460 Posts
    • 5,302 Thanks
    Malthusian
    • #8
    • 13th Oct 17, 9:20 AM
    • #8
    • 13th Oct 17, 9:20 AM
    It's not the only solution, they could come to an arrangement on rent (although not 50% if she is paying for the upkeep of the place), she could agree to buy the OPs friend out, or they could agree amount themselves to sell it.
    Originally posted by Keep pedalling
    I think we'd agree that agreeing a sale is better than forcing a sale but like YM I tend to assume that it's already been discounted when the words "don't get on" are used.

    As for the first, agreeing to rent is IMO just kicking the can down the road. At some point the OP will want more rent because of inflation or the partner will want to pay less because they've spent so much on such and such, at which point they have to go through all this stress again.

    No-one likes paying rent in a place they own. It's the worst of both worlds - all the responsibility of owning with none of the control or security. (Anything you want to do to the property the other owner can veto, and they can "evict" you at any time by forcing a sale.) So coming to an arrangement on rent is not a long-term solution. It will always create friction and unnecessary stress. For owning a property jointly to work the objectives of the two owners have to be exactly aligned - either they want to live in the place together, or they both see the property as an investment and only care about the net yield. Here they are opposed.
    • Yorkshireman99
    • By Yorkshireman99 13th Oct 17, 1:02 PM
    • 3,379 Posts
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    Yorkshireman99
    • #9
    • 13th Oct 17, 1:02 PM
    • #9
    • 13th Oct 17, 1:02 PM
    Which is why I say selling now is the only real answer.
    • paddedjohn
    • By paddedjohn 15th Oct 17, 6:11 AM
    • 7,077 Posts
    • 7,728 Thanks
    paddedjohn
    If the op accepts rent she becomes a landlord and must adhere to all the responsibilities that entails and could possible end up having to pay tax on the income. Selling up or having the other lady buy her out is the best option imho.
    Be Alert..........Britain needs lerts.
    • Margot123
    • By Margot123 15th Oct 17, 9:37 AM
    • 328 Posts
    • 291 Thanks
    Margot123
    There was a recent case featured on the TV programme 'Can't Pay, We'll Take It Away'. Daughter had lived with her Father for several years, sadly he died but even more sadly had left the Daughter out of the will and bequeathed the property to his girlfriend who didn't live with them. It took 15 years for the girlfriend to seek and take possession of the house! This gives some idea of timeframe (and there would have been massive Court costs too) when dealing with someone living in the property who WASN'T in the will.
    • getmore4less
    • By getmore4less 15th Oct 17, 4:01 PM
    • 30,841 Posts
    • 18,446 Thanks
    getmore4less
    Sorry, should have mentioned, no life interest. Just a normal gift in will (not to trust or anything like that). Partner maintains the place.
    Originally posted by katy123
    Try get rent expect to contribute to maintenance.

    Normal landlord rules won't apply.
    • Malthusian
    • By Malthusian 16th Oct 17, 9:58 AM
    • 3,460 Posts
    • 5,302 Thanks
    Malthusian
    There was a recent case featured on the TV programme 'Can't Pay, We'll Take It Away'. Daughter had lived with her Father for several years, sadly he died but even more sadly had left the Daughter out of the will and bequeathed the property to his girlfriend who didn't live with them. It took 15 years for the girlfriend to seek and take possession of the house! This gives some idea of timeframe (and there would have been massive Court costs too) when dealing with someone living in the property who WASN'T in the will.
    Originally posted by Margot123
    Presumably for most of that 15 years the girlfriend was sitting on her hands and hoping the daughter would move out of her own accord, rather than the court case and eviction process taking 15 years. Surely?
    • jackyann
    • By jackyann 16th Oct 17, 2:28 PM
    • 3,275 Posts
    • 6,926 Thanks
    jackyann
    I wonder who is living in the property?
    I too would wonder if the non-resident beneficiary would find it worthwhile to charge rent, given all the responsibilities that come with that. Also, even in these difficult times, property prices, except in a few cases, are going up, so in the long term she is not going to miss out.

    However, it might be worthwhile talking to a solicitor, and writing a letter, so it is clear to the resident what is going on. Otherwise the resident may happily sit there for years, with the precedent of'not charging' well established.

    I have some friends who were in a similar position, and because of family peace, kept quiet. In all fairness, the resident maintained and improved the property to a high standard. When he finally agreed to sell up and the proceeds were split, the amount was way higher than any normal investment would have returned. But having said that, I know one beneficiary could have done with the money earlier!
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