Selling a half share in a house

Scully38

I know exactly how you feel and in a similar predicament. Both my parents died and left me the house, but in exchange of that I have to give my sister 75k within the year (which its already well passed). I'm also receiving JSA as I was made redundant last year. My sister is a witch for what she did to both my parents and what she did at the funeral. As there was a difference in inheritance it annoyed the hell out of her and she attacked me as i'm now living in the property. She's annoyed as mom cut her money in half for demanding more money as her inheritance and what mom suggested she wanted more, so mom reduced the amount.

As i'm not working, I don't qualify for assistance and still pay all the bills in the property which leaves me with nothing for food. So I know how difficult it is. I had no choice but to put the house on the market with her harrassing me constantly. I found a buyer a week after it was put up, that fell through as they lost their buyers two days before exchange. Put it up again, and again lost the sale as they couldn't raise the money after all one more 6 weeks into the process. At this point time was creeping up (now July) and found a third buyer, and being held up buy my buyers buyer. All this time, I have zero money to live on, haven't eaten for 4 days this week and am just trying to hang on waiting for exchange, everyday worrying how the bills are going to be paid and collectors agency sending me letters threatening to take me to court unless I pay immediately. So i'm just trying to hang on until its time to exchange and worrying everyday that something will happen again and all will fall through.

I might have misinterpreted your problem because both you and your sister want to sell the house, but your worry is that your benefits will stop because of the house and she wants to wait for a better market in spring? From personal experience i an tell you, that your benefits won't stop because you have a house, mine didn't. But if you go into the property before its sold and claim that you now live there, you'll still receive council tax assistance and JSA, but that's it, everything else will remain, but of course all the bills will be yours. Explain to your sister you will stay in the house until sold if that's what you want. If not then all that will happen is that when you inherit the property the bills will be split down the middle and you and your sister will be responsible for paying all costs.

Then one the house is sold, everything will be split, less all the money your sister has paid for upkeep/improvements. I do suggest you get a solicitor to at on your behalf, not necessarily the same ones that are dealing with the house. If you're having problems with your sister, all you can do is explain to your dad that you can't deal with her, and arrange for your sols, to deal directly with her and not you. Also if your dad wants to buy the house, why not let him buy it now, you won't have to wait until april, no EA fees. If sister is happy and you are, why wait until april, do a deal with dad on basic market value. Tell your sister if she wants to wait until April next year she's stupid, ad to put i on now, so its not hanging over you. If she wants to wait tell her then that she'll have to pay all the costs from now until it goes on the market as its her delay.

Good luck

woolly_wombat

woolly_wombat wrote: »

However, if the worst comes to the worst I understand you can insist on the entire property being sold on the open market and apply for a court order under the Trusts of Land and Appointment of Trustees Act 1996. The court would almost certainly order a sale.

On the other hand the wording of the will could very well mean that the default is for the house to be sold and the proceeds divided unless there is a deed of variation. It's not obvious so please get legal advice.