sister wont leave my decesed mothers house

RJP33

Sounds like a classic case of exploitation of siblings goodwill - I think whatever happens there's going to be a fallout and you should seek legal advice.

bluecab

pinkshoes wrote: »

Call a meeting with your brother and sister, and lay the options down for her. Make it clear that ONE option WILL be going ahead. Options are:

1) She cooperates with the sale of the house through an EA, you get a good price and get 1/3 each. In the mean time, you will not notify the benefits office of her asset, and you will not notify the council that she has a second property and is not living in the council house.

2) You sell the house via auction (2 out of 3 owners wishing to sell gives a majority), stating that the house is not available for internal viewing. Tell your sister that this will get a lower price, and thus her share will be much lower, and you will be onto the benefits office and council office first thing the next morning to notify them both of her current asset, and the length of time that she's owned it, and even give them proof she's insured her car there. You will also notify the council she is living there (thus making her liable for council tax), and you will notify the gas, electricity and water companies that the house is occupied by her alone, so she'll have to pay all the bills.

3) She buys you out, but needs to come up with the funds in 7 days. If not, she has to choose option 1 or 2.

The latest is she has been to see about a loan and says they are looking into it!! i find it hard to believe!
thanks for the help.

kalaika

bluecab wrote: »

The latest is she has been to see about a loan and says they are looking into it!! i find it hard to believe!
thanks for the help.

I think you are right to be sceptical. I would take her word about the loan with an shovel sized pinch of salt... The chances of her getting a £60k loan when she has no income apart from benefits is extremely slim.

bluecab

Going to give her a few weeks then i will offer to buy the house or put it up for sale and tel her to go back to her council flat!

toffeecoated

You say this is you're mums house but it appears you're mum is the only one of you that did not own a share. Did she pay rent to the three of you for the last ten years? You seem to have been happy to let you're mum live there rent free but you are not so willing to let you're sister do the same. I think family should help each other. But if you are determined to get rid of her she will have to leave. Legally you are entitled to sell, morally if my sister was thinking about getting involved with loan sharks i would be more concerned about her than the house.

DVardysShadow

Are any of the people posting on this thread related?

bluecab

DVardysShadow wrote: »

Are any of the people posting on this thread related?

Not that i know of !

The latest is my sister is trying to get a morgage to buy our share, certain banks take into account disabilty living allowance so she may get a morgage! Thats pressuming she is on DLA !! It doesnt seem right somehow!

Jowo_2

What's the deadline you've given her to have this sorted out as you indicate she's got a tendency to drag things out?

Have you made it clear that she mustn't live in the property in the meantime as its not currently exclusively hers?

Have you planned a deadline when you say to her 'Enough. Put up by x date because that's when we are instructing an estate agent to sell it'.

Realistically, what are her chances of getting a mortgage in your opinion because of her income, savings and the price of buying out your share?

toffeecoated

The top rate of DLA is only about £45 a week and it can be withdrawn at any time, so i doubt if a bank would give a mortgage on the strength of it. From what you say it sounds like you're sisters credit rating would not qualify for a mortgage anyway.

bluecab

My brother and sister went to mums solicitors on tuesday ( her idea ) the nice man says sort the money out and pay your 2 brothers and everyone is happy if you dont or drag your heels they can have you evicted and force the sale- easy ! I said go and sort morgage which she says she is doing today but how much can she borrow on £45 DLA etc she also wants to keep her council flat on and buy that at a later date! going to tell her tomos if nothing is on paper by the end of the month she has to go home! I cant see her getting the money but rather than have big arguement will give her the benifit of the doubt.