HELP - evicting a VERY angry and reluctant sister from family home

goodgrief71

Hello

We need help -my sister (50 yrs old) absolutely refuses to leave my mums home (all deeds etc all in my mums name) as mum as sold the house and wants to down size etc. Sister is getting a 1/4 of sale money - £120K towards her new place. She refuses point blank and says she will not go - what can we do. I am the younger sister and myself, and other siblings all agree mum should do this as bigger sister a nightmare to live with as well.

HELP - can we evict her without too much fuss - and believe me talking with her for over 2 years hasnt got us anywhere. Mum now needs to sign a paper from the solicitor saying no one over 18yrs will interrupt the sale of the house - sister point blank refuses to sign....

again help....we are being held hostage by her.

sorry lots of point blanks...but we are desperate as she is making our lives a living hell (more than usual)..

Annisele

Your Mum needs to talk to her solicitor about this.

Why is your Mum paying your sister £120k when she's being such a pain? Would it help if your Mum said that your sister wouldn't get a penny unless she a) leaves the house and b) signs everything the solicitor wants her to sign?

DVardysShadow

Take her out for a meal and have someone change the locks?

goodgrief71

thank you - but saying she wont get a penny doesnt change a thing.

emotional parental thing re why giving her money - to help her buy her own place - is her 'portion' of the estate as such....

david29dpo

Get her sectioned.

theartfullodger

Has she been paying, or could she claim to have been paying, rent?? If so she will have a tenancy (or license) which might mean mum will have to go through certain procedures (depending on circumstances) to get her out, up to & including bailiffs carrying her out. If she has been paying be careful as if evicted she could have a judge give her her right to reside, and damages, back...

Cheers!

Artful

eslick

if your mam had a mortgage your sister would have to have signed a document cant remember its name to say she wouldnt have any claim on the property.

harz99

goodgrief71 wrote: »

thank you - but saying she wont get a penny doesnt change a thing.

emotional parental thing re why giving her money - to help her buy her own place - is her 'portion' of the estate as such....

But can she actually afford to buy her own place, or is putting her out of your mum's house going to make life difficult for her - you don't say if she is working, unable to work, under medical treatment, paying towards the running of the house etc. etc.

You say older sis is a nightmare to live with - how so?

At the end of the day, the best advise you are going to get is from a solicitor who specialises in family disputes - probably best not to be the one dealing with the sale - not from us on these forums who neither have all the facts, nor mostly the training to deal with this problem.

I am sure you won't want to think of this but you and your siblings will almost certainly be faced with the same problem when your mum eventually passes away - better to get good advice and deal with it now, than then.

puddy

but she doesnt have to buy her own place at all, she can rent and if not working get hb or whatever, theres no excuse to holding someone hostage like this

missile

What a nightmare

lindos90

puddy wrote: »

but she doesnt have to buy her own place at all, she can rent and if not working get hb or whatever, theres no excuse to holding someone hostage like this

True, she could rent, but with £120k in a bank account she will not be getting housing benefit, but could certainly afford rent, there must be bigger reasons than finance.

What are your sisters reasons for refusing to move? Has she lived here all her life and really scared of living on her own? If you have been trying to talk to her about this for over a year, this is not news for her, she has had time to get used to it. What is she wanting, everyone to stay living there for ever? more money? She must be giving you some reasons if she is arguing and angry?

She must have known the house was for sale, did you have to make sure she was out when you had viewings?

Has she been contributing 'paying board' (with other siblings at home) to the bills, as a previous poster says, im wondering if this could be percieved as rent.

It would seem crazy that family members would have to resort to legal action on one another, but I would say your mum really does need advice from her solicitor before signing that form, and advice on how to progress this with your sister.

Its not a typo is it, your OP does say your sister is 50 years old?