how do i evict my sister?

mummyindistress

Thanks for the support. I have to offer some clarity. Sisters current status is excluded occupier. She isn't squatting. More a legal thing. She is still there with no right of occupancy so everything else in my posting was right. I just can't believe she is behaving this way and forcing me into a position like this. Still I must do what is right and proper and conduct myself in a way that is beyond criticism in the eyes of the law and probate and that honours mum's memory. Now is awful but I will walk away with my head held high (if a little bruised by the process).

paddedjohn

mummyindistress wrote: »

Awful situation, in need of good advice.

Mum died leaving no will. According to rules of instestacy myself and my two sisters are entitled to third each of her estate. I am sole estate administrator with the job of sorting everything out.

My sister wanted to buy Mum's house and the three sisters agreed she could move in rent free whilst she applied for a mortgage. This period is well past and she is no longer in a position to buy the house and so it needs to go on the open market.

The issue is that my sister is still living there. I have asked her for her intentions and she has failed to give any indication on her plans regarding living in the house or moving out. She has also begun subtly sabotaging my attempts to put the house on the market and has managed to get my other sister involved in this (they have made pacts before in an attempt to gain excess benefit from the estate, such as selling Mum's property and splitting the profit between just the two of them).

The house needs selling so Mum's estate can be finalised and I can begin to move on.

I suspect I will have no choice but to evict my sister but I am not sure on the process: she is not a tenant, she does not pay rent, and she will be entitled to a third of the property value (but I believe her entitlement to the property is restricted to this rather than affording her any rights of part ownership whilst we are still under Probate).

I would be most grateful for any help and advice, thank you.

P.S. had this posted under buying selling and renting but someone helpfully suggested I post here too, thank you for that!

Tell your sisters that as administrator you are going to make deductions from their share of the house due to their actions.

ValHaller

mummyindistress wrote: »

Obviously anyone can enter a property and become a squatter - however this is a crime. My sister's past jobs have been those where DBS checks (new name for CRB) are required so I doubt she would go down that path as she would be rendering herself unemployable for the near future.

I doubt there is any mileage in this line of thinking. The legal advice is that she is an excluded occupier. This is not the same as a squatter. The worst brush with the law for her is to defy a repo order and be held in contempt of court.

You are best taking these aspects to the housing forum, you have more of the relevant expertise available there.