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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to ask my dad's gf 2 sell up or buy me out ........

34 replies

Jemima1988 · 31/10/2014 08:38

trying to cut a long story short.
my dad died in June
I have a 4 week old baby
I am living with my mum step dad 2 brothers my other half and my son ..... bit crowded ha

I now own 25% of the huge house my dad and his partner owned when my dad passed away she stated she wanted out. This made my day ad it gives me a bloody good deposit for my own place.

Now 5 months on she is dragging her heels she is now saying she doesn't no what to do. When I went 2 pick up the deed from her solicitor he said 3 months is enough time for her 2 get the wheels in motion I have Said if she can't decide what she wants to do she could buy me out to give her more time.

I have 2 text her every week for updates sometimes she replies sometimes she ignores me she is now saying she will get an evaluation once the painters are done and she will only deal with the estate agents who sold her the house

is there a way I can get her 2 move things along?

OP posts:
redexpat · 31/10/2014 09:30

In which case I'd get some legal advice to see what options you have.

Greengrow · 31/10/2014 09:48

Does she inherit the other 75% or other siblings of yours? That is very material because if she does not get a penny I would move yourself right in with your chidl and give her a formal 2 weeks' written notice to leave, If instead she owns 75% of the house or will when you the executor have done your job then it will make more sense that she buys you out and stays put or sells up urgently.

You need to escalate this either by moving in (do you have keys?) or telling her in writing that the house is now on the market, sending estate agents round and controlling that process. You could call estate agents today presumably and get some instructed to sell. or give her a week to confirm she is buying you out and a timescale and evidence she has the cash or can get a mortgage first and then send estate agents round and/or move in yourself.

lemisscared · 31/10/2014 09:48

I think you need to get a solicitor. Hassling her isn't going to help your cause, and i think you are letting your animosity towards her cloud your judgement (im not judging, id be the same!). Only deal via solicitors. I am assuming that she will be able to buy somewhere else with the rest of the money from the sale. These things do take time though.

Sorry to hear about your dad

cozietoesie · 31/10/2014 09:53

I've been the executor for more than one will and I would also seek legal advice on your options. 5 months is likely not enough time to deal with a death emotionally nor probably enough time to settle matters financially (especially if you have to deal with HMRC) but it should be enugh time to have established a way ahead and decided what she wants to do.

BeckAndCall · 31/10/2014 09:53

This is too complicated a will and a living arrangement for you to be able to handle alone OP, whether or not you are executor. There are so many 'it depends' already. You say they bought the house together - but that you have 25% of his share. Did they own the house 50:50 or was there some other arrangement? Were they joint tenants or tenants in common? Did the will make any provision for the surviving partner to stay in the property with a lifetime interest?

All of these, and more, questions are relevant to your position and the answer to any of them may mean you can, or cannot, force a sale. You really need legal advice. What other posters think you should do, or are morally entitled to, is neither here nor there.

BeckAndCall · 31/10/2014 09:57

greengrow - ridiculous suggestion to get keys and move in. the OP has no rights of occupation and the title doesn't pass until the estate is executed - she does not have a right to live there. The house will currently belong to "the GF and the 'estate of the deceased OP dad' "

Even more definitely get legal advice OP

brujo · 31/10/2014 09:59

You really need legal advice.

^^ THIS.

I get you don't like this woman - and I understand that - but what is legal is what matters here and you need to know what you can and can't do and how you can legally speed the process up if possible.

Aeroflotgirl · 31/10/2014 10:03

Is she living in the property? If not, I would move in. You are part owner and have the deeds.

LilyPotter · 31/10/2014 10:10

When mil died, it was a very straightforward case, yet probate still took over twice as long as everyone said it would.

It was a year before the full proceeds of the estate came through.

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