Inherited half a house, and now nothing we can do

Thrugelmir

si101 wrote: »

My grandmother passed away 18 months ago, leaving us with the only property she ever owned - a half-share in a property she didn't live in, currently being lived in by her elderly sister-in-law and grown up nephew.

So who lived in the property?

princeofpounds

I'm surprised at some of the advice earlier on the thread.

You need to get your solicitor to be more assertive and apply for a court 'order for sale'. This is a fairly common legal instrument, typically used in divorce cases where one party is preventing a house sale that needs to be split.

Courts do not normally permit people to 'trap' other people's capital in a house without compensation or a good reason such as children or serious infirmity and so it's something of a myth that you are stuck with the 50pc share.

But you need to be assertive and stop letting them dictate the pace.

moneyistooshorttomention

Well actually "just doing nothing" WOULD achieve something - if in a very negative sense. That is - the house would gradually fall into "rack and ruin" because any time any maintenance work was needed then O.P. would say "I'm not paying half the cost of that - when I am having problems cashing in my half share - so do it all yourself" and the half-squatter probably couldnt or wouldnt.

How has the cost of maintenance work on the house been covered previously? How old is the house (ie is it going to need new roof/rewiring/etc at some point)?

It certainly sounds like the nephew is the "thorn in side" on this one and I am wondering just how much incentive he has to be a "thorn in side" (ie is he under 25? under 35?). I am wondering about his age because if he is under 35 then he wouldn't get his full housing benefit paid if he became unemployed and therefore that gives him an extra incentive to stay somewhere rent-free and try and persuade mother to "stay put" because it suits him personally.

getmore4less

whitewing wrote: »

Would OP have to pay tax on this inheritance?

NO.

Once owned it has all the usual issues of a second home.

Brock_and_Roll

Unfortunately I have been involved in a very similar situation.

All the legal advice we have received is that a court would be highly unlikely to force a sale whilst the elderly person is there. Even avoiding going to court we have already spent over £15,000 on legal fees and the dispute is not settled.

From my experience, you should waint until the elderly person either dies or goes into long term care before seeking a sale.

princeofpounds

Unfortunately I have been involved in a very similar situation.

All the legal advice we have received is that a court would be highly unlikely to force a sale whilst the elderly person is there. Even avoiding going to court we have already spent over £15,000 on legal fees and the dispute is not settled.

From my experience, you should waint until the elderly person either dies or goes into long term care before seeking a sale.

This does not necessarily apply in the OP's situation as any consideration of this nature would be specific to their circumstances.

Help4UKHomeSellers

[FONT=Times New Roman, serif]There is no doubt you are in a difficult situation. I would wherever possible avoid taking legal action at this stage but as it has gone on for a few months you may not have any other option.[/FONT]


[FONT=Times New Roman, serif]You need to start sending letters yourself. Start by billing them for all the back rent on your share from when you inherited the property and make sure you invoice them every month including a new up to date total. Make sure this is half of a full market rent.[/FONT]


[FONT=Times New Roman, serif]After you have sent them the first rent demand send them a firm letter giving a time limit for them to sort it out stating what actions you intend to do. First will be “that should they fail to pay the outstanding rent and that you shall issue a County Court Order to reclaim the amount due. [/FONT]

[FONT=Times New Roman, serif]If it is not sorted within a month then you will have no option but to take legal action. I would sack your current solicitor and ask around for recommendations for a good solicitor to act on your behalf. They should be able to start proceedings and do not worry too much about them having legal aid. Don’t try to take the legal route to evict them this would take a long time and may not be successful. I would advise that you sue them for the half share that you own plus rent from the day you inherited. A good solicitor should also be able to advise you on this. It may drag on, but it may also have the effect of forcing them to settle. [/FONT]


[FONT=Times New Roman, serif]The “can’t afford it” excuse is not a legal defence. The son has a job and could possibly get a mortgage or pay a market rent. Your solicitor could ask them to submit an affidavit listing all their assets including cash. You are in a strong position but you must be prepared to put some money aside for a solicitor. And I would make it plain in your letter that should they fail to settle within say a month then you will instruct your solicitor to sue for the full market price and back rent with no discounts. [/FONT]

terrencetrentderby

I am not a lawyer but I am fairly sure that a proper lawyer versed in property law will be able to apply to court for an order for sale so that you can get your hands on the money that is rightfully yours. I do know a few property law barristers with good reputations for this type of work and if you want to PM me I'll send you the links.

eamon

This could easily rumble on for many more years. In my family it took over 30 years and 4 deaths to eventually untwine my paternal grandmothers will. Usually throwing money at problems solves them but that may be unlikely here. The OP appears to have intransigent relatives. Mediation of some form may be a useful tool in finding a suitable solution.