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Inheriting property with sibling
mimi1980
Posts: 3 Newbie
My mother has left her house 50/50 to my sibling and I with a stipulation he can live in the property as long as he wants. Does this mean I can’t force him to sell even through court and if so can he be forced to pay rent on the half he does not own? He has lived there rent free for over ten years while mum was alive and has no intention of selling why would he when he pays nothing. I rent and need the money for a deposit to buy. I can’t buy him out he won’t leave.
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Comments
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It depends entirely on how the will is drafted. As we haven't seen it, it's hard to answer....What stage has probate reached and who is/are the executer(s)?How is the rest of the Estate dealt with? Is there sufficient to pay any debts and/or inheritance tax?1
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Move in with him....
Be not nice to live with..make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Will he buy you out?0
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How is he planning to cover all the bills? Utilities, council tax, maintenance...
If he can't afford it then maybe it would be better for him to sell.0 -
you will have limited choices I'm afraid. If he can't buy you out or sell, you will have to force a sale which will cost both of you more money.
You are not a charity and you cannot afford to have CGT liability and ongoing costs from owning a property you do not live in.
Your mother knew of this and why she put that stipulation in and figured he would not be able to pay his way, but without thinking of the wider picture"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
Based on my own experience of what could have been a similar situation......
It was my mother's wish that the house should be left to my sister and I equally, but that my sister could continue to live there for as long as she wanted.
However, mum pre-deceased my father, who then made a Will leaving the house to my sister on the grounds that I was married and had my own home (albeit with a mortgage at the time).
In hindsight, it was for the best. The house was in a very poor state (dad didn't believe in paying someone to do a job that he could bodge himself) and my sister was hopeless with money. If the house had been left to us equally, then she would have demanded that I pay for essential repairs, utility bills, etc, on the grounds that 'it was dad's dying wish that she should live in the house'. Any question of her paying me rent for my half would have been dismissed as 'beyond ridiculous and not what dad wanted'.
She went bankrupt less than 2 years later and lost the lot.
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I'm confused - do you have both a sister and a brother? As the 1st post refers to he? Was it your mother or sister that pre-deceased your father?Striving to clear the mortgage before it finishes in Dec 2028 - amount currently owed - £18,886.270
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Different posters. Silvertabby is just sharing their story of a similar situation, they're not the OP.Abbafan1972 said:I'm confused - do you have both a sister and a brother? As the 1st post refers to he? Was it your mother or sister that pre-deceased your father?3 -
Sorry for the confusion - have added to my post to make it clearer!MaryNB said:
Different posters. Silvertabby is just sharing their story of a similar situation, they're not the OP.Abbafan1972 said:I'm confused - do you have both a sister and a brother? As the 1st post refers to he? Was it your mother or sister that pre-deceased your father?0 -
Sorry about that - I clearly hadn't woken up yet when I was reading this thread!MaryNB said:
Different posters. Silvertabby is just sharing their story of a similar situation, they're not the OP.Abbafan1972 said:I'm confused - do you have both a sister and a brother? As the 1st post refers to he? Was it your mother or sister that pre-deceased your father?Striving to clear the mortgage before it finishes in Dec 2028 - amount currently owed - £18,886.271
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