Can my sister bully me out of the house?

SocratesSis

Hi - all thanks for the responses so far. One way I see of keeping a distance is buying out her share now rather than later (besides it would be easier to get a mortgage before I am too old) either the quarter in trust, or the full half (if my father is amenable), is there a way to do that? At the moment because she has an interest in the house she thinks she can barge in and interfere any time. If I buy her out, she no longer has that excuse. But can I buy out because of this trust thing?

Crabapple

It's a technicality that she obviously can't see, or doesn't care about, but she doesn't have an interest in the house. She's a Trustee of a share of a house held for the benefit of your father for his lifetime. The two of you only have an interest subject to that, ie. one that will only crystalise after your father dies.

It sounds though like the best way to get rid of her behaviour would be to see if you can mortgage the property to give her money and get shot of her! If she has half now though make sure that your father changes his Will to ensure you get everything he leaves. From what you say about her it's likely she'll come sniffing about for more money and it needs to be clear that if she has money now that is it.

barbiedoll

Does she have a key to your home? If there's any chance that she does (maybe she has your mum's old key?), then change the locks as soon as you can.

I agree with the others, buying out "her" half now would probably be the best thing, with your dad's will changed to ensure that she can't grab any more cash later on. And stop the handouts, she's not entitled to anything more, it just encourages her. Let her buy her own cars!

What a ghastly woman.

Mojisola

eskimo26 wrote: »

If your father doesn't want to change the will that is fine but at the very least he should remove her as executor and replace her with someone neutral or better yet just yourself

For your health and well-being after your father dies, ask him to think about changing the executors. Where a beneficiary is going to cause problems, it can be a good reason to have a professional, such as a solicitor, as the executor.

Your sister will then have to conduct any arguments with him/her and you can keep well out of it.

So the short answer to your question is no she can't bully you out of anything unless YOU let her. Good luck!

This is the essential bit - she can make your life very difficult, both now and when your father dies, but you don't have to let her.

g6jns_2

Mojisola wrote: »

This is the essential bit - she can make your life very difficult, both now and when your father dies, but you don't have to let her.

Perhaps the OP should bite the bullet and get some paid for professional advice. There is too much at stake to rely on unverified advice from here however well meant it is.

getmore4less

SocratesSis wrote: »

Hi - all thanks for the responses so far. One way I see of keeping a distance is buying out her share now rather than later (besides it would be easier to get a mortgage before I am too old) either the quarter in trust, or the full half (if my father is amenable), is there a way to do that? At the moment because she has an interest in the house she thinks she can barge in and interfere any time. If I buy her out, she no longer has that excuse. But can I buy out because of this trust thing?

You can't get a mortgage on part of a house, it would have to be joint with your dad and that will not be easy.

TBagpuss

The wills say that the other partner has a life interest

vThis means that neither you nor your sister has the right to occupy the house without your father's consent during his lifetime. Your, and your sister's rights only kick in once your father dies.

If you can afford to do so, it would be possible to buy out her 25% share. The value of this would be less than 25% of the open market value as it would be purchased subject to your dad's life interest. You would need to get a proper valuation from a surveyor or value with expertise in valuing properties subject to life interests or other incumbrances - the value would depend on your dad's age and life expectancy.

if your dad is able to do so, it would also be sensible for him to think about changing the executors on the will, perhaps naming you and a professional executor such as his solicitor, and making sure that the solicitor has detailed notes as to why this has becomes necessary, and to make clear that your dad had capacity to make the change (this may involve getting a medical assessment of your dad when he signs the new will, or codicil.

In the mean time, consider seeing a solicitor and getting a formal warning eltter sent to your sister and her partner, making clear that their behaviour is not appropriate and that you will treat it as, and report to the police as, harassment if they continue to harass and threaten you.

i second the suggestion to get the locks changed, and to be aware that your sister is not entitled to come into the house unless either your father, or you s his attorney,gives her permission.

You would not be able to get a mortgage to buy out a part of the house. It might be possible for you to buy the whole of the house, but this would be complex in terms of your dad receiving his share of the money, and the security of his occupation in the house, so is unlikely to be in his best interests. You and he would definitely need to take separate advice about this before doing anything.