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Father died intestate, 5 children inherit house, 4 want to sell, 1 doesn't?

(88 Posts)
BuzzLiteYear Tue 18-Feb-20 16:07:29

What happens in this situation?
I've can the 4 overrule the 1?
The 1 has legitimate reasons for not wanting to sell as the property is on his farm and he wouldn't want strangers moving in.
What does the law say?

SoupDragon Tue 18-Feb-20 16:09:58

What does he suggest doing with it instead?

WitchDancer Tue 18-Feb-20 16:11:32

Can the one afford to buy the other four out? If not I'm pretty sure that they will have to go with the majority.

Disfordarkchocolate Tue 18-Feb-20 16:12:03

I think the 4 can force a sale by some means. Can the 1 buy the rest out. If not they it's unfair to force the 4 others to miss out on their inheritance. If access would an issue for a new owner would this reduce the price.

Ghostontoast Tue 18-Feb-20 16:12:14

Can he raise the money to buy the others out?

Doyoumind Tue 18-Feb-20 16:13:34

Surely they either buy the others out or have to sell. Each is entitled to their share and you can't split a house 5 ways any other way.

titchy Tue 18-Feb-20 16:14:56

What does the 1 suggest happens to it then? If no one is allowed to move in it'll go to pot.

soupforbrains Tue 18-Feb-20 16:16:31

Legally speaking the 3 siblings cannot force the 4th to sell their share.

I think given that intestacy rules dictate an equal split that you will each own 25% of the house and thus you are tenants in common rather than joint tenants. This means that the 3 who wish to sell could in theory sell their 'share' of the house without the other sibling's agreement or permission, but it would be very difficult to find a buyer willing to own only 3/4 of a house. (unless the 4th sibling is willing to buy it himself)

the 3 siblings could go to court to get a sale court ordered though. Aside from the obvious court costs this case would then take into account a variety of issues such as any current tenants, who wants to sell it and why they want to, who doesn't want to and what their reasons are. I can't say how a judge would decide.

SabineSchmetterling Tue 18-Feb-20 16:16:54

I’m not a lawyer but my understanding is that either the one with the farm has to buy the others out or they can force a sale.

74NewStreet Tue 18-Feb-20 16:16:56

The four can force the sale, as it’s the only way to realise their asset.

BuzzLiteYear Tue 18-Feb-20 16:17:05

It may be better for the 1 to let it sit idle unless the 4 can force a sale.
The 1 may be willing to buy the others out but at a fraction of the market price.

soupforbrains Tue 18-Feb-20 16:17:26

Apologies I got the numbers wrong but just swap in 4 for 3 and it's all still accurate.

Gingernaut Tue 18-Feb-20 16:17:40

Is the estate liable for Inheritance Tax?

If so, and there's no cash in the deceased's bank account to pay it off (and funeral expenses and solicitors' fees), 1 may not get the choice. The house will have to be sold to pay the Tax Man and any debts.

SuperSange Tue 18-Feb-20 16:18:09

Why should the 1 buy a below market rate? That's not fair on the others?

itwasalovelydreamwhileitlasted Tue 18-Feb-20 16:18:24

No they can't force a sale. A sibling has to write to everyone else who owns a share via a solicitor setting out a strong case for why they wish to sell. It needs to be a compelling reason for the court to find in their favour. BUT in this case 4 out of 5 wish to sell which gives them a much stronger case

Even though it's on the farm does it have separate access?

It's a bit cheeky to refuse to sell - it's basically tying up the money which the other 4 could really need?

The right thing to do in this case is for the 5th person to buy the others out

Gingernaut Tue 18-Feb-20 16:19:45

1 will have to find the market price, btw.

Tax dodging to avoid stamp duty is a no-no.

steppemum Tue 18-Feb-20 16:20:12

yes, the 4 can force the sale.
Their only option is to buy the others out

cstaff Tue 18-Feb-20 16:22:30

Wills are usually more specific i.e it will say to sell the house and divide the proceeds equally between X, Y and Z. You need to read it closer.

If it doesn't say something along those lines you will need to see a solicitor but you probably know that this will cause a family row which I presume you are trying to avoid. It is not practical to leave a house to 5 siblings and expect them to share it as it is.

SabineSchmetterling Tue 18-Feb-20 16:22:48

I think with 4 out of 5 wanting to sell there is a much better chance of a sale being forced than if 4 wanted to keep it and only one wanted to sell.
The sibling expecting to be able to buy them out at a fraction of the value is being a CF.

itwasalovelydreamwhileitlasted Tue 18-Feb-20 16:24:03

It may be better for the 1 to let it sit idle unless the 4 can force a sale.

Definitely a cheeky sod then!

And going to cause massive friction with the others that what is effectively their legal assets they are prevented from cashing in on just because it isn't convenient to that 1 person

I think a court would take a dim view of this - they are effectively holding the other 4 to ransom until they accept a cheap price for it!!!!

steppemum Tue 18-Feb-20 16:24:15

Wills are usually more specific i.e it will say to sell the house and divide the proceeds equally between X, Y and Z. You need to read it closer.

read the OP. He died intestate, there is no will

HopeYouStepOnALego Tue 18-Feb-20 16:28:13

@cstaff the OP says the father died intestate, so there isn't a will

BigFatLiar Tue 18-Feb-20 16:30:29

You need proper legal advice. Tax man will have first claim on the estate. Then the rest split. If selling the house which is on the farm does it have its own deeds identifying grounds, access etc?

KatherineJaneway Tue 18-Feb-20 16:34:17

They need to pay for proper legal advice.

Drum2018 Tue 18-Feb-20 16:36:53

I'd have the 4 send solicitors letter to the 1 inviting them to sell the house or buy the 4 out at market price. If the house is left inhabited the market price will drop as the house goes into disrepair. The 4 need to act quickly. It will no doubt sour relations with the 1 but the 4 are entitled to push for their inheritance. Can the land be sectioned off to allow separate access to the house from the land, or is it all entwined? Chances are it may not sell quickly anyway if it's attached to a working farm.

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