We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Selling property without consent

travelmonster
travelmonster Posts: 124 Forumite
in House buying, renting & selling
2 sisters have inherited a house from ceased parents.

1 sister lives in the property and the 2nd ones doesn't.


Can the 2nd one take the first sister to caught to sell.her share of the property or not ?

There's no mortgage.

Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    [FONT=Verdana, sans-serif]Yes you can but you will need legal advice to do that, no idea how much it will all cost.[/FONT]
    [FONT=Verdana, sans-serif]https://www.wrighthassall.co.uk/knowledge/legal-articles/2014/01/21/orders-sale-property-joint-ownership/[/FONT]
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 22 November 2017 at 5:23AM
    travelmonster wrote: »
    2 sisters have inherited a house from ceased parents.

    1 sister lives in the property and the 2nd ones doesn't.


    Can the 2nd one take the first sister to caught to sell.her share of the property or not ?

    There's no mortgage.
    you need to be clearer on your facts, ... "inherited"....
    1. when?
    2. was there a will? if yes who were the executors and what stage are they at?
    3. what did the will say:
      - left the property to the 2 children as equal owners. How has this been actioned: is the property still in the name of the deceased or has the property now been transferred into the (joint) names of the 2 children rather than the property be sold by the executors and the money split as per the will instructions?
      or
      - left the estate to the 2 children to be split equally between them? If this is so why has one sister been allowed to take up residence in the property?

    forcing a sale by one owner taking the other owner to court is:

    a) very expensive
    b) time consuming
    and
    c) depends on the answers to the above questions re the will and the status of the estate and property in terms of who is suing who.
  • xylophone
    xylophone Posts: 45,751 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If this is so why has one sister been allowed to take up residence in the property?

    It's not impossible that she was already living in the property before the parent(s) "ceased".
  • xylophone
    xylophone Posts: 45,751 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    http://homeguides.sfgate.com/happens-inherit-house-sibling-72237.html

    This may be of interest.

    But beware of being "caught" in complex and expensive court proceedings?:eek:
  • martindow
    martindow Posts: 10,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    00ec25 wrote: »
    forcing a sale by one owner taking the other owner to court is:

    a) very expensive
    b) time consuming
    and
    c) depends on the answers to the above questions re the will and the status of the estate and property in terms of who is suing who.
    And in this case
    d) likely to cause major ructions within the family
  • AndyTails
    AndyTails Posts: 153 Forumite
    travelmonster wrote: »
    2 sisters have inherited a house from ceased parents.
    Is "ceased" the opposite of "deceased"...? In which case inheritance would seem unlikely!
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 22 November 2017 at 11:28PM
    xylophone wrote: »
    It's not impossible that she was already living in the property before the parent(s) "ceased".
    that is one answer to the question i asked, hence I asked it, as there are others available as well
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    AndyTails wrote: »
    Is "ceased" the opposite of "deceased"...? In which case inheritance would seem unlikely!
    It's an aspect of buddhism. I'm not sure exactly how it works, but something to do with flowers (specifically carnations) returning to the soil and the sprouting again after christmas, due to the flatulence.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.8K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture