Sister has moved into father's house and refusing to agree to sell - Help! 24 October 2022 at 11:14AM in Deaths, funerals & probate 19 replies 1.9K views

marcusjm

As background, my mother passed away many years ago, then my father passed away in 2020. My sister and I are both executors (with solicitor) and beneficiaries of their estate (mainly the family home). Both of us have struggled emotionally to clear the house and put it up for sale. We finally agreed that it was overdue and started to clear rooms and pass items to charity etc.

My sister lives very close but I am 100 miles away. Probate is due this month and I have now discovered from the solicitor that my sister and her 10 year old daughter have moved from their rental property into the house. I spoke with her and she has made it clear that she will not sell or move out. My wife and I are keen to sell the house and pay down some of our home mortgage as we near increasing rates. 

Whilst I am sensitive to her wishes not to sell our family home, I want to move on and have access to my share. The thought of evicting them both keeps me awake at night but I fear this situation will roll for many years. I have tried to reason with her, but she is refusing to budge and told me to go the legal route. My father would hate to think it has come to this, or that his life savings are being used to fund a solicitor in this way.

Does anyone have advice on the options please? Not sure if I should be trying to evict her as a sitting tenant or just follow a route to access my share and for her to remortgage etc.

Thanks in advance.    

pollypenny

Is she able to buy your share of the house?  

marcusjm

pollypenny said:

Is she able to buy your share of the house?  

I suspect that may be an issue. She has had some issues with credit in the past. Even with 50% equity I doubt she would pass an affordability assessment for a mortgage.

Malthusian

Talk to your solicitor. Ultimately you need to force a sale, through the courts if needed. It's either that or give up. 
Hopefully she will cave in once it is clear that a) you aren't going to let her live rent-free forever in a house you half-own b) the cost of court action will likely come out of her share of the estate. Unless she is very stubborn, the amount you / she spend on legal costs may be more limited than you fear.
Can you offer to help her with the cost of moving, as a loan secured on her half of the house proceeds, to be paid directly by the solicitor handling the estate? That may smooth the issue and would be almost risk-free if the loan is repaid from the estate's account rather than her own. You may be in a catch-22 where the house cannot be sold while she is still there, but she is unable to find new accommodation without the inheritance money.

Sea_Shell

marcusjm said:

pollypenny said:

Is she able to buy your share of the house?  

I suspect that may be an issue. She has had some issues with credit in the past. Even with 50% equity I doubt she would pass an affordability assessment for a mortgage.

Then sadly it seems to me you only have 3 (main*) options.

Accept a much lower £££ for your half, whatever she can afford.   Do you have any idea how much she could possibly raise?

Evict her through the courts.  Expensive and your relationship will end, probably.

Keep appealing to her better nature to agree to move out and sell.  How long is a piece of string, time-wise.



In the meantime, who's paying for insurances, utilities, upkeep etc etc?


Also, are there any deep rooted reasons why she somehow feels entitled to live there?  Eg, you've had financial assistance in the past that she hasn't?



*Or variations thereof.

Pennylane

things must be awkward between you if you are speaking to each other through a solicitor.  

Marcon

Pennylane said:

things must be awkward between you if you are speaking to each other through a solicitor.  

Not what OP said:

marcusjm said:

Probate is due this month and I have now discovered from the solicitor that my sister and her 10 year old daughter have moved from their rental property into the house. I spoke with her and she has made it clear that she will not sell or move out. My wife and I are keen to sell the house and pay down some of our home mortgage as we near increasing rates. 

Whilst I am sensitive to her wishes not to sell our family home, I want to move on and have access to my share. The thought of evicting them both keeps me awake at night but I fear this situation will roll for many years. I have tried to reason with her, but she is refusing to budge and told me to go the legal route. My father would hate to think it has come to this, or that his life savings are being used to fund a solicitor in this way.
   

Sounds as though sister is burying her head in the sand well and truly. Time to get some hard facts in terms of likely cost of going the legal route and ensuring she understands the impact that will have on her inheritance.

msb1234

I’d be tempted to just turn up and move into the spare bedroom myself!

Pennylane

Marcon said:

Pennylane said:

things must be awkward between you if you are speaking to each other through a solicitor.  

Not what OP said:

marcusjm said:

Probate is due this month and I have now discovered from the solicitor that my sister and her 10 year old daughter have moved from their rental property into the house. I spoke with her and she has made it clear that she will not sell or move out. My wife and I are keen to sell the house and pay down some of our home mortgage as we near increasing rates. 

Whilst I am sensitive to her wishes not to sell our family home, I want to move on and have access to my share. The thought of evicting them both keeps me awake at night but I fear this situation will roll for many years. I have tried to reason with her, but she is refusing to budge and told me to go the legal route. My father would hate to think it has come to this, or that his life savings are being used to fund a solicitor in this way.
   

Sounds as though sister is burying her head in the sand well and truly. Time to get some hard facts in terms of likely cost of going the legal route and ensuring she understands the impact that will have on her inheritance.

The OP only found out from the solicitor that the sister had moved into the house.  I realise they spoke to her afterwards but it seemed weird to me.  

prowla

From the sister's point of view it may have made sense to temporarily move in instead of paying rent.

But staying longer is just taking the mickey.

Further to the above comment regarding costs; the only people who get rich out of legal battles are the solicitors and it's going to be effectively coming out of the house sale.

GrumpyDil

prowla said:

Further to the above comment regarding costs; the only people who get rich out of legal battles are the solicitors and it's going to be effectively coming out of the house sale.

This. It cost me just short of 20000 on legal fees when I had to challenge a will which had been rewritten just before my mother's death. It was the right thing to do but OP may well end up out of pocket in terms of legal costs.

And don't expect any ongoing relationship afterwards.