Rights of Tenants in Common. Ripped off in my fathers will

lulu650 · 5 May 2019 at 11:44AM

joyfully wrote: »

......For instance as there are two double bedrooms could I rent one out on Airbnb or sparerooms. She would then have to give my tenants access to the common areas including bathroom, kitchen. Lounge and garden...

OP, I'm sorry for your loss.

Looking at your post, how do you work out they would be your tenants if you only own 25% of the house? You cannot force your sister to accommodate strangers into the house.

I would strongly recommend taking advantage of a free 30 minute session with a solicitor taking along a copy of the will. The ideal solution would be your sister buying you out.

Tom99 · 6 May 2019 at 4:50AM

If you cannot agree amicably to sell the house or for her to buy you out or pay you rent on your 25% then you would need to apply for a Court order to force a sale but that would not be guaranteed. Maybe after mediation?

Some detail here:
https://www.diemlegal.co.uk/court-order-force-sale-joint-property/
I doubt it would be cheap and if acrimonious then your sister being in occupation probably has plenty of ways to delay or frustrate the sale if she decided to play it that way.

Exodi · 7 May 2019 at 3:11PM

I think what you're missing is that beneficial use of the property applies to both of you. As in, you're both entitled to use it as you see fit and as entitled to live there as she is. I wouldn't go down your suggested route of letting the property out without her consent as she would be within her rights to kick them out and I have a feeling you're only considering these things to point score.

You always get one side of the story on these forums and from what you've said, she lived and cared for him till he died - you're not automatically entitled to 50% of his belongings as you seem to suggest you are.

I see you swiftly removed your comments regarding her 'invalid' husband, I feel that is wise as it portrays you badly.

The problem with joint ownership of property (of which TiC is a form) is that it requires both sides to consent - she could well live in the house till she dies and then pass her share to her 'invalid' husband. Despite popular belief on these forums, I heavily doubt you will convince a court to force an exclusion order and a sale on the property - wanting your £££ or p*ssing your sibling off isn't reason enough.