Selling inherited house to sister

FlorayG

Voyager2002 said:

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.

No, because the sister isn't moving out, she has never lived there ( I assume) so the 'divorce' scenario doesn't apply

Albermarle

Voyager2002 said:

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.

I understand that in this situation, if the OP changed the locks, then the sister could ask the police to force entry to her house. As far as I know anyway.

thegreenone

We read so many stories on here about siblings staying in houses, refusing to move, so if some are a little cynical, that is the reason.

Have your sister and BiL arranged the funds to buy you out?  How far are you along with the sale, assuming your Mum's solicitor is doing the conveyancing?

As you state you have a new property, I can (sort of) understand why they want you to move but if this has been your home and you are waiting for a half share, I wouldn't move until their money is in your bank account.  Tell them this.

Talk to your sister and say that her husband is taking the p*ss and they will have to wait until the sale has completed. You will then move out but in the meantime, you are entitled to privacy and you really don't want to change the locks but you will if he continues to enter.  Remind her that the house is not hers until they have paid for it and the deeds are changed.  Happy to be corrected on this last sentence.

Keep_pedalling

Albermarle said:

Voyager2002 said:

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.

I understand that in this situation, if the OP changed the locks, then the sister could ask the police to force entry to her house. As far as I know anyway.

Well she could ask, but no criminal act would have occurred so they would tell her to go away.

ThisIsWeird

Jamie, you still haven't told us your sister's take on this? Has she told hubby to stop, or is she happy for him to carry on working on 'their' house?
Regardless, from the replies on here, it would appear to be a grey area, and therefore most likely not worth pursuing in any legal sense.
For example, bil is storing stuff, and working on the house? Well, so are/could you, or your partner. Your sis owns half the house, so could presumably move in to share with you, too, if she wanted? 
Really worth trying to force them not to? How will they respond? Or don't you care?
Bottom line, I guess you could threaten to refuse to sell to them, and insist it goes on the open market, but there endeth any relationship - and they could presumably equally scupper any sale you want to make? Or, perhaps, either of you could go to court to force a sale, but you certainly don't want to go there.
What do you actually want? I presume it's simply to sell, and to move on? In which case, isn't it worth tolerating it?
Tbh, my sympathies were initially 100% with you, and I considered bil very thoughtless indeed, but that needle has moved a bit, since it's really helpful to be able to start work on a place before you actually move in. And they clearly fully intend to buy, or else they wouldn't be doing this. So, it's a secure sale, and likely not long in the making either. I'd suck it up.
I wouldn't 'do' anything to make it stop; I wouldn't change the locks (far too provocative), I wouldn't seek legal advice (stupid expensive), and I wouldn't threaten to refuse to sell (churlish and counterproductive). But you may wish to consider suggesting you want the house revalued, "now it's looking better...". If he moans about all the work he's put into it, just point out that you asked him not to.