Selling inherited house to sister

Jamieb977

Hello everyone, I have two issues here that I hope I can get advice on please.

My mum passed in 2022 and left me and my sister the house 50/50 we are also joint executors of the will, the deeds are currently in safe keeping with my mums old solicitor and are still in her name.

What is the best way to for my sister to buy my half out and get the deeds  changed in to her name and me safely get my money.

Second issue is her husband, I currently live at this property and they are waiting for me to either move or agree a sale and completion date so then we can do the house sale and I move out into my new property, I am having an issue with him in that he's letting himself into my house and doing things to the property and moving stuff in which is encroaching on my personal space and has even said he wants to move in before I move out to do things to house, I don't like this and have said no but he's basically ignoring me as frustrated with how long everything has taken when they caused the delay in getting the money together to buy me out and now wants me to go ASAP.

Is there a legal thing I can do to say I dont give you the right to do anything as this is where I live even though me and his wife (my sister own an equal share)

Thank you, feel free to ask any questions and I appreciate any advice 

El_Torro

One option would be to change the locks and not give your sister or her husband spare keys.

ThisIsWeird

Have you spoken to your sis about this?
How are you arriving at a house value? You could take advantage of his thoughtlessness and say it'll be revalued just before sale, and you look forward to benefitting from half the increase from his terrific work.
On the other hand, although he sounds like a presumptuous twerp, is it worth the agro to make him stop? 

Stubod

As above, change the locks and tell him you ae not happy with the current arrangements and to keep away untill you have left....

Jamieb977

Thanks for the advice, they have filled both the bedrooms with their stuff and I know woukd break in if I did that as they own half the house as well, so it's an awkward situation, as being the occupier I don't know what my rights are 

Voyager2002

Your sister has the right to enter the property at any time: her husband does not.

There are laws against harassment, but really the best solution is to complete the sale as soon as possible. Until then, you could write a clear note saying that you do not wish to be disturbed by their activities in your home, but if they choose to ignore you there is not much that you can reasonably do, short of involving the police.

Do you know exactly how to value the house? So long as you agree on the price, the solicitor will know exactly what to do.

jonnydeppiwish!

You don’t own the property, do you have a rental agreement? Do you pay rent to the estate to stay in the property?

Are you aware that because you’ve left it so long, you’ll potentially have to pay additional money eg inheritance tax or maybe capital gains once the property is sold to you sister?

FlorayG

Voyager2002 said:

Your sister has the right to enter the property at any time: her husband does not.

I'm pretty sure that's not the case its the OPs home. I own a house with a tenant in,I can't enter without permission.
Change the locks and tell the husband if he breaks in that's a crime - criminal damage - and you can call the police. 
It will make the house difficult to sell to a third party with a load of 'stuff' in it and possibly they know that and are trying to get the price reduced. You know your sister, we don't
as for selling your half to her; get a valuation from three estate agents and settle on a price. Then she pays you half that price and you move out. Do this through a solicitor just as if you were selling to a stranger; the sale isn't complete until she gives the solicitor the money and you don't get it handed to you until you move out so there's no worry about either party not doing their part. My new neighbour was in a similar situation and bought out her brother and it took months to get done

FlorayG

jonnydeppiwish! said:

You don’t own the property, do you have a rental agreement? Do you pay rent to the estate to stay in the property?

Are you aware that because you’ve left it so long, you’ll potentially have to pay additional money eg inheritance tax or maybe capital gains once the property is sold to you sister?

He owns half of it and he doesn't need a rental agreement in writing, he's legally a tenant owner as in any shared ownership. The tenancy is legally assumed to be valid because he is living there, paperwork or no.
OP doesn't pay inheritance tax, his mother's estate pays it

Keep_pedalling

Voyager2002 said:

Your sister has the right to enter the property at any time: her husband does not.

There are laws against harassment, but really the best solution is to complete the sale as soon as possible. Until then, you could write a clear note saying that you do not wish to be disturbed by their activities in your home, but if they choose to ignore you there is not much that you can reasonably do, short of involving the police.

Do you know exactly how to value the house? So long as you agree on the price, the solicitor will know exactly what to do.

No she doesn’t, the situation is the same as it would be with a landlord and tenant, the LL does not have a right to come and go as they please and neither does the OPs sister and BIL.

Voyager2002

Keep_pedalling said:

Voyager2002 said:

Your sister has the right to enter the property at any time: her husband does not.

There are laws against harassment, but really the best solution is to complete the sale as soon as possible. Until then, you could write a clear note saying that you do not wish to be disturbed by their activities in your home, but if they choose to ignore you there is not much that you can reasonably do, short of involving the police.

Do you know exactly how to value the house? So long as you agree on the price, the solicitor will know exactly what to do.

No she doesn’t, the situation is the same as it would be with a landlord and tenant, the LL does not have a right to come and go as they please and neither does the OPs sister and BIL.

It has often been mentioned on this board that when a couple are divorcing, and the house is jointly owned by both of them, they both have the right to live there and to come and go as they please. The law on landlord-tenant relations is simply not applicable.

In this case: if probate has been completed then brother and sister are joint owners and in the same legal position as a divorcing couple. Otherwise, the property belongs to the late mother's estate and in the absence of a tenancy contract and payment of a commercial rent, the OP is a licensee.