Predicament with my Father - need help.

DVardysShadow

A thought crosses my mind. You could check out whether the property was originally held Joint Tenants rather than Tenants in Common. It is a long shot, but might radically alter the situation.

musicmanje

Surely it would have been a Tenancy in common. Ill check.

PasturesNew

musicmanje wrote: »

Surely it would have been a Tenancy in common. Ill check.

You'd think the right thing was done.... but people do c0ck up. I've just had to sort out one that was done wrong.

He should see a solicitor to find out if there's a way to force the sale so he gets his half back at least and he no longer has to set eyes on her.

princeofpounds

Agree with all the others, apply for an order for sale from the court. Is quite a normal process usually, should cost a few hundred pounds unless there is something funny about the situation (plus moving costs and sale fees etc).

Your father should be careful to understand how it affects his benefits if he raises the cash however. Would he have enough to buy another (smaller) property?

If that route is manageable then justice will arrive early, as by depriving your father of a home she will lose hers.

It's a shame he can't deal with the conflict because he can move back in at any time and make her life difficult too. Often the 'winner' in these situations is the most obstinate and thick-skinned

musicmanje

Hello,

It is definitely a Tenancy in common. My Dad and his Sister (who died) are the only people on the deeds according to the land register but apparently my cousin owns 50% in trust so if my dad sells she gets 50%.

Does this still mean it has to be a court order?

He wouldn't have enough to buy another house princeofpounds as it is only worth around 90k.

Thanks
Music

Emmzi

http://www.thisismoney.co.uk/money/news/article-1594984/Tenants-in-common.html

On the first death, the trust accepts a debt equal to a share of the home worth up to the IHT threshold, which is repaid when the surviving partner dies. In effect the part of the home owned by the deceased is lent to the surviving partner until they die.

I could be reading that wrong but doesn't that mean if it's in trust she doesn't actually own the house - just a share of it on dad's death? In which case he can have her removed.

DVardysShadow

Emmzi wrote: »

http://www.thisismoney.co.uk/money/news/article-1594984/Tenants-in-common.html

On the first death, the trust accepts a debt equal to a share of the home worth up to the IHT threshold, which is repaid when the surviving partner dies. In effect the part of the home owned by the deceased is lent to the surviving partner until they die.

I could be reading that wrong but doesn't that mean if it's in trust she doesn't actually own the house - just a share of it on dad's death? In which case he can have her removed.

Needs a property professional. But it does look very possible that on the death of the sister, the house passed to the trust which should be giving OP's father a lifetime interest in the sister's half of the property. And OP's cousin has not yet inherited half the house, but has inherited the trust which owns half the house - with right of occupation to OP's father alone. Cousin not getting a right to occupy from the trust - only getting a right to 50% of the proceeds of the house on dissolution of the trust as and when OP's father dies.

Cousin out on her ear? Maybe she should have kept her head below the parapet?