Advice wanted

Lca2047
Lca2047 Posts: 3 Newbie
in Deaths, funerals & probate
Approximately 10 years ago my sister and I became joint executors to my father's will, leaving us a property to be split equally, for the last few years our relationship has deterioated to a point where I would like to get my share approx 300k, she is not budging, she lives in the property and now has changed the locks ( second time now) and will not allow me access, can anyone help with any advise?
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Comments

  • McKneff
    McKneff Posts: 38,819 Forumite
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    Half the house is yiurs...
    Move in...
    Is she paying you rent for your half. If not, she should be
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Brynsam
    Brynsam Posts: 3,643 Forumite
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    Tricky one. You really do need to see a solicitor to discuss your options. It's entirely possible to have her ejected so that the property can be sold (presume no chance of her buying you out?), but it won't be quick.

    Given the rise in house prices in the last decade, it is highly likely that your inheritance has increased in value, so you also need to consider the capital gains tax position. If the house is your sister's main (or only) residence, she isn't affected by CGT - but as you don't live there, you could be liable for CGT on any increase in value in your half of the house. Selling to your sister below value (or even 'donating' the house to her, improbable as that is!) won't avoid the problem. Any CGT is payable on the increase, which is whatever the market value was at the date of your father's death minus the current value.
  • Malthusian
    Malthusian Posts: 10,931 Forumite
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    See a solicitor and force a sale. The relationship isn't going to deteriorate any further but the house might.

    CGT is always going to be payable one way or another, unless you keep the house your entire life, which seems pointless. So CGT isn't a reason not to sell it.

    In any case, the OP says her sister changed the locks twice, which suggests to me that the OP may have been living in the house for at least some of the time. The sister changing the locks not once but twice suggests the OP was in the habit of getting in.
  • Spelunthus
    Spelunthus Posts: 162 Forumite
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    Forget the lawyers, and make friends again with your sister. It'll be better for you both in the long run. (Just my opinion, no offence intended).
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 15 May 2018 at 11:42AM
    From what the OP has said that just is not going to work. The OP needs to follow Malthusian.s advice not yours.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Yep you wil have to see a solicitor. End of the day your sister will almost certainly have to pay the court costs if she takes it that far.
  • Keep_pedalling
    Keep_pedalling Posts: 16,591 Forumite
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    Spelunthus wrote: »
    Forget the lawyers, and make friends again with your sister. It'll be better for you both in the long run. (Just my opinion, no offence intended).

    Seems a bit late for that, and the chances of the OPs sister giving up her free home are minuscule.

    Write to your sister, teller her that unless she agrees to sell the property or to buy your share out, you will be instructing solicitors to force a sale. This will be expensive for both of you, but you need to draw a line under this, or you we’ll end up passing this problem on to your children if you have any.
  • Lca2047
    Lca2047 Posts: 3 Newbie
    Never thought of that
  • Lca2047
    Lca2047 Posts: 3 Newbie
    She would never buy me out, very headstrong lady, she has her own property which she listening out and lives in the my late father's home now, in all honesty I just want the matter resolved , so that we can move on, I think it best I get a solicitor to get the ball rolling
  • Dox
    Dox Posts: 3,116 Forumite
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    Lca2047 wrote: »
    She would never buy me out, very headstrong lady, she has her own property which she listening out and lives in the my late father's home now, in all honesty I just want the matter resolved , so that we can move on, I think it best I get a solicitor to get the ball rolling

    Suggest you get on with - clearly a reconciliation isn't going to happen any time soon, so why hang about.
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