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Shared ownership from will

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My mum has left equal share of the house me and my sister grew up in. Her will states her partner is a life long tennant. My sister wants to live in the property at some stage and may stay with the tenant. I want to have my own property and move forward in life. The only way funds would be released is only if the house is sold as half ownership would not exist. My sister will not take a mortgage out to give me the  other half. I was looking to get a help to buy property. I am afraid this will limit my buying options. I may not be entitled to government support to get my first home. I fear I maybe stuck with half a property I cannot live in, rent to others or sell. I do not believe my sister will agree to selling the property. She has a good salary but her previous credit maybe be bad as she has had loans in the past. It is a sensitive time as my mum is terminally ill and this is giving me concerns on top of others. 

What help is there for my sister to get a mortgage to pay me off, 
what can i do with my half of the house if she won’t sell.
If my sister is living in the property with the tennent and I cannot, what legally would she be required to do with regards to rent, rates and bills.
What can I do with half ownership of o intend to buy a property of my own.
Can we effectively sell the property to the bank, and my sister make mortgage payments on the other half.

Comments

  • MovingForwards
    MovingForwards Posts: 17,149 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    As your mom is still alive, you've not inherited anything yet.

    Your current options are:
    - ask your mom to change her will and not leave you anything
    - ask your mom to change her will so her partner receives the house and is free to do what they want with it
    - ask your mom to change the will so her partner doesn't get to live in the property, it's sold on her death and split equally between you / sibling
    - ask your mom to change the will so her partner doesn't get to live in the property, it's sold on her death and the money split between you, sibling and partner.

    To answer your questions:
    1. No help unless she takes a mortgage
    2. Nothing until the partner dies
    3. Whatever she decides with the partner, who isn't a tenant they have the right to stay in the property as per the will and any other terms under that will
    4. Give it to your sister / the partner
    5. No

    My mum has left equal share of the house me and my sister grew up in. Her will states her partner is a life long tennant. My sister wants to live in the property at some stage and may stay with the tenant. I want to have my own property and move forward in life. The only way funds would be released is only if the house is sold as half ownership would not exist. My sister will not take a mortgage out to give me the  other half. I was looking to get a help to buy property. I am afraid this will limit my buying options. I may not be entitled to government support to get my first home. I fear I maybe stuck with half a property I cannot live in, rent to others or sell. I do not believe my sister will agree to selling the property. She has a good salary but her previous credit maybe be bad as she has had loans in the past. It is a sensitive time as my mum is terminally ill and this is giving me concerns on top of others. 

    What help is there for my sister to get a mortgage to pay me off, 
    what can i do with my half of the house if she won’t sell.
    If my sister is living in the property with the tennent and I cannot, what legally would she be required to do with regards to rent, rates and bills.
    What can I do with half ownership of o intend to buy a property of my own.
    Can we effectively sell the property to the bank, and my sister make mortgage payments on the other half.

    Mortgage started 2020, aiming to clear 31/12/2029.
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