sister wont leave my decesed mothers house

Welshwoofs

If the house can be sold on a majority vote and 2 of you want to sell, sell it.

If you're paying the bills the simple answer is to close the accounts, then if she wants to stay there until it's sold she'll have to pay for her own utilities. If she doesn't look like she's going to leave when sold, whip in there whilst she's out and change the locks.

It's a pity people fall out over money, but from what you've said it sounds as though she wants 2 of you to give up your share for her to have a 'free' house. Of course what she hasn't really thought through too carefully is that, even if you did that, the result would be that she'd be living in a fully-paid up house that she was the owner on...so no housing benefit. I doubt her other benefits would cover the cost of heating and maintaining the property....I'd point that out to her

clutton_2

the problem will also be - she sounds like she will not cooperate with viewings to prospective purchasers.....

you need her out of the house before putting it on the market really

if you do change the locks - what can she do ?

bluecab

clutton wrote: »

the problem will also be - she sounds like she will not cooperate with viewings to prospective purchasers.....

you need her out of the house before putting it on the market really

if you do change the locks - what can she do ?

Firstly thank you all for you replies, if we change the locks she will just call a locksmith and change them again (her car is registered to that adres for cheaper car insurance), when the house was purchased 10 years ago it was put in our 3 names, my sister is going to see a loan shark or adviser tomorow to see if she can raise £60,000 to buy our share, i have told her i am more than happy for her to do this but i cant see her getting the money, like iv said she hasnt worked for 20 years and cant even get a credit card!
She is also aware as soon as she has got the money from the house if and when it sells she will loose her benifits,thats wats worrying me - at the momant she has got her cake and is eating it and not sharing it! I dont want to be to harsh but cant help thinking the longer i leave it the harder it will be, i dont need the money but why should i give her my £30 k when my mum wanted us all to have a slice of the cake!

tek-monkey

So your mum purchased the house, but you three are the owners? How can she have got a council place when she already part owns a house?

You said you don't need the money, what about sibling 3? Why not just keep your share, let her live there rent free but be responisble for all bills? She can't sell it either, it frees up a council place and means you have a sister you still talk to. If you were in financial need I could understand it, but if not why worry?

I too have a sister on benefits, gets more than I do for working too. Council pay her rent, feed and clothe her and the kids fathers give her money every month. Still always skint though, never worked out why. I hate people thinking benefits are a life choice, rather than a safety net, but she's still my sister.

Liquorice_Twirls

So how come she gets benefits when she owns part of a house (not her main home) which is worth £30k? (I'm assuming the £60k she needs to buy you out is £30k x 2)

This doesn't seem right.

bluecab

tek-monkey wrote: »

So your mum purchased the house, but you three are the owners? How can she have got a council place when she already part owns a house?

You said you don't need the money, what about sibling 3? Why not just keep your share, let her live there rent free but be responisble for all bills? She can't sell it either, it frees up a council place and means you have a sister you still talk to. If you were in financial need I could understand it, but if not why worry?

I too have a sister on benefits, gets more than I do for working too. Council pay her rent, feed and clothe her and the kids fathers give her money every month. Still always skint though, never worked out why. I hate people thinking benefits are a life choice, rather than a safety net, but she's still my sister.

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 .

bluecab

Liquorice_Twirls wrote: »

So how come she gets benefits when she owns part of a house (not her main home) which is worth £30k? (I'm assuming the £60k she needs to buy you out is £30k x 2)

This doesn't seem right.

Maybe she has forgot to mention this to social.

Jowo_2

Council's tend to take action against tenants who breach their tenancy agreement by living somewhere else or becoming an owner-occupier - it's usually a condition of the agreement that it's a primary residence.

Perhaps if she doesn't come up with her share to buy her out, you can let her know that unless she moves back to her council property by x date to permit the sale of the property, you will notify the council that she's a homeowner and has moved into the family property on a permanent basis, including registering her car there.

bluecab

Jowo wrote: »

Council's tend to take action against tenants who breach their tenancy agreement by living somewhere else or becoming an owner-occupier - it's usually a condition of the agreement that it's a primary residence.

Perhaps if she doesn't come up with her share to buy her out, you can let her know that unless she moves back to her council property by x date to permit the sale of the property, you will notify the council that she's a homeowner and has moved into the family property on a permanent basis, including registering her car there.

Good point but this still means we are going to fall out, it would seem i will have to keep trying the softly softly approach and come down hard if that fails.
the only other option is to let her stay in the house and forget about my share but dont really want to do that.
thanks again

Errata

I think whatever happens there's going to be a big falling out at some point.
Why should you give up your share, that's not what your mum wanted, and it still leaves your brother's share in his ownership.
Why don't you move some teemagers in to yours and your brothers bit for a while, encourage them to enjoy themselves - play music, stay up as late as they want etc etc. Or at least threaten to do it.