Tennants in Common, inherited house.

Red-Squirrel_2

Cakeguts wrote: »

How is the sibling who lives in the property going to be able to maintain it on their own? This is going to need the "neutral" sibling to realise that it isn't in the interest of the sibling living in the house to stay there on their own. That sibling probably hasn't thought the situation through. What happens when they get old living in a house on their own. They probably think that the other siblings will maintain the house. People don't get to live forever in the same house even if they were born there. Situations change.

The house needs to be sold and the sibling living in it helped to find accommodation suitable for a single person.

Why would being single preclude the sibling from being able to live in and maintain a house? Lots of us are doing it.

The reason why he needs to move is because the house has two other owners and one wants their share, nothing to do with his marital status surely?

Edited: Having read the thread, it seems the sibling has never worked or done any upkeep on the house, but you didn't know that when you wrote the above. For all you knew he could have been making megabucks and keeping nan in luxury!

Morgage_Confused

OK so far there is significant communication breakdown between the siblings with the resident sibling just carrying on as if nothing has happened.
If my dad gets a solicitor to apply for "an order for sale" can anyone see any pitfalls. Im concerned about the stubborn attitude of resident sibling and any counter claim they might try on such as having lived there since birth e.t.c.
Resident sibling female retirement age, never worked.
Dad retired.
Neutral sibling still working.

My dad is very stressed over this and is now further worried about solicitor costs. So much so he is considering just leaving the situation as it is and taking no action what so ever.
Any pointer as to typical solicitor costs seeking an order for sale?

Thanks

G_M

Is the resident sibling aware of the

Morgage_Confused wrote: »

OK so far there is significant communication breakdown between the siblings with the resident sibling just carrying on as if nothing has happened.

........

Any pointer as to typical solicitor costs seeking an order for sale?

Thanks

Is the resident sibling aware of the others' concerns and needs and just ignoring?

Is the resident sibling aware of the possibility of legal action, and the costs involved (which will make it harder for her to move)?

All parties need to sit round the table, with tea & cake, and lay out the options, with the ultimate option being legal action.

If resident sibling refuses to discuss (eg scoffs the cake and leaves), or after discussion resident sibling still refuses to cooperate, then there remain 2 options:

1) do nothing and let[STRIKE] selfish [/STRIKE]resident sibling remain for the remaind of her life

2) go to court

Solicitors fees will be £100 + per hour and there could e a fair few hours work, especially if residnet sibling contests the action. And court fees on top.

I imagine if the action were successful, resident sibling could forced to pay legal/court fees, though it seems likely payment would/could not be made, so resident sibling would have a CCJ recoded on their credit file.

Morgage_Confused

Is the resident sibling aware of the others' concerns and needs and just ignoring? YES.

Is the resident sibling aware of the possibility of legal action, and the costs involved (which will make it harder for her to move)?NO

Should I approach resident sibling myself and tell her she needs to see a solicitor so she can weigh up her options. I am assuming here a solicitor will tell her she has no chance of keeping the house. I suppose that could backfire if the solicitor wants a payday and offers to fight her case?

I took dad to see a solicitor who said it could cost anywhere from 5-50k depending on how big a case it becomes. However he said ultimately a judge would definitely making an order for sale but no guarantees of awarding costs to my dad.

G_M

Morgage_Confused wrote: »

.......

Should I approach resident sibling myself and tell her she needs to see a solicitor so she can weigh up her options........

Well how you handle a family issue is, of course, up to you. But since you ask:

All parties need to sit round the table, with tea & cake, and lay out the options, with the ultimate option being legal action.