sister wont leave my decesed mothers house

Errata

noh wrote: »

I don't believe she is excluding her two siblings from using the house. They have the right to use the property too.
She doesn't need the agreement of the other two to live in it.
If the sister living in the house wants exclusive use then she should be paying some rent.
She should of course be paying all the utility bills and council tax if she is the only one living there.

Why would she pay council tax ? She doesn't even pay council tax and rent for the council property she still tenants, but doesn't live in.

noh

Errata wrote: »

Why would she pay council tax ? She doesn't even pay council tax and rent for the council property she still tenants, but doesn't live in.

She would be the one liable for the council tax as she is living there and a part owner.

The hierachy of liability is

1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
2. a resident tenant
3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
4. any resident living in the property, for example, a squatter
5. an owner of the property where no one is resident.

Whether she actually pays it or not is another matter.

Jowo_2

Credit_Jake wrote: »

It's family which to me is more important than any amount of money.

The example you cite where you have helped out your brother is admirable.

The circumstances of the OP are different - her sister is not homeless and it seems that the OP and her brother cannot bring themselves to be sympathetic to her and do not feel that they are doing her any favours if they simply hand over their share of the property, plus its what their mother wanted - an equal split across her children.

In your example, you are prepared that market conditions may not permit any great return, possibly you may experience a loss on your £20k investment. What the OP has is a situation where her sister demanded her siblings permanently hand over £66k in assets, not a temporary loan like yours.

Caz3121

bluecab wrote: »

she has had the council flat for years and says she would also like to buy that! sh wont give the council flat up either if she cant buy it, i just want it all to be fair .

sorry to jump back to an older post....I guess if she has had that for years she will qualify for a discount and with the money from the sale of the property this is likely to be more in her reach that trying to obtain a mortgage for almost £70k
The danger will be if the council get wind that she is not living there they could take the property back

LydiaJ

Credit_Jake wrote: »

It's family which to me is more important than any amount of money. I currently own part of a house that our family bought for my brother as he lost everything through his selfish behaviour and became homeless. Sure it wasn't pretty funding 20k for a house when I know I won't see that money for a few years but he has turned his life around and is saving for a deposit for a house of his own. Depending on when we sell the house I may not even get back my full amount back but to see that my brother is happy in his new life means more to me than anything that initial 20k could of bought.

In your position I would do the same. Your brother has had his LBM and is taking responsibility for his choices from here on in, so it's great for him to have the loving generous support of his family as he tries to move forward.

The OP's sister, on the other hand, has not yet shown any evidence of an intention to take responsibility for herself or to turn her life around. If the other two siblings let her get away with her current behaviour, that wouldn't be loving, it would be enabling her dysfunction and irresponsibility, and the only effect it will have is to insulate her from anything that might make her sort herself out.

Ivana_B_Rich

Wise words

bluecab

I cant understand if she gets a morgage how will she re pay it and pay the rent on her council flat ? How much does the state pay nowadays?

Thanks to all those who have replied.

Errata

You could always ring the council and ask

Milliewilly

bluecab wrote: »

I cant understand if she gets a morgage how will she re pay it and pay the rent on her council flat ? How much does the state pay nowadays?

Thanks to all those who have replied.

I don't know of ANY lender who will lend on benefit income. The simple answer is she wont get a mortgage. Saying an application is in is a bluffing tactic. Has she paid any arrangement fees / valuation fees??

mbga9pgf

Oh I do. They were called Ninja loans. Unfortunately, the credit crunch happened, and they stopped giving scum loans they werent entitled to in the first place.