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    • Lca2047
    • By Lca2047 14th May 18, 10:28 PM
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    Lca2047
    Advice wanted
    • #1
    • 14th May 18, 10:28 PM
    Advice wanted 14th May 18 at 10:28 PM
    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?
Page 1
    • McKneff
    • By McKneff 14th May 18, 10:54 PM
    • 36,243 Posts
    • 46,697 Thanks
    McKneff
    • #2
    • 14th May 18, 10:54 PM
    • #2
    • 14th May 18, 10:54 PM
    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
    • By Brynsam 15th May 18, 12:00 AM
    • 1,684 Posts
    • 1,236 Thanks
    Brynsam
    • #3
    • 15th May 18, 12:00 AM
    • #3
    • 15th May 18, 12:00 AM
    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
    • By Malthusian 15th May 18, 9:18 AM
    • 4,921 Posts
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    Malthusian
    • #4
    • 15th May 18, 9:18 AM
    • #4
    • 15th May 18, 9:18 AM
    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
    • By Spelunthus 15th May 18, 11:31 AM
    • 98 Posts
    • 87 Thanks
    Spelunthus
    • #5
    • 15th May 18, 11:31 AM
    • #5
    • 15th May 18, 11:31 AM
    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
    • By Yorkshireman99 15th May 18, 11:35 AM
    • 4,701 Posts
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    Yorkshireman99
    • #6
    • 15th May 18, 11:35 AM
    • #6
    • 15th May 18, 11:35 AM
    From what the OP has said that just is not going to work. The OP needs to follow Malthusian.s advice not yours.
    Last edited by Yorkshireman99; 15-05-2018 at 11:42 AM.
    • AnotherJoe
    • By AnotherJoe 15th May 18, 11:38 AM
    • 11,542 Posts
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    AnotherJoe
    • #7
    • 15th May 18, 11:38 AM
    • #7
    • 15th May 18, 11:38 AM
    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
    • By Keep pedalling 15th May 18, 11:42 AM
    • 5,626 Posts
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    Keep pedalling
    • #8
    • 15th May 18, 11:42 AM
    • #8
    • 15th May 18, 11:42 AM
    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).
    Originally posted by Spelunthus
    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
    • By Lca2047 15th May 18, 9:11 PM
    • 3 Posts
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    Lca2047
    • #9
    • 15th May 18, 9:11 PM
    • #9
    • 15th May 18, 9:11 PM
    Never thought of that
    • Lca2047
    • By Lca2047 15th May 18, 9:14 PM
    • 3 Posts
    • 0 Thanks
    Lca2047
    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
    • By Dox 16th May 18, 11:38 AM
    • 1,006 Posts
    • 790 Thanks
    Dox
    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
    Originally posted by Lca2047
    Suggest you get on with - clearly a reconciliation isn't going to happen any time soon, so why hang about.
    • Keep pedalling
    • By Keep pedalling 16th May 18, 1:47 PM
    • 5,626 Posts
    • 6,386 Thanks
    Keep pedalling
    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
    Originally posted by Lca2047
    I bet she has not paid you rent for the last 10 years either.
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