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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Sister demands half the profit from the sale of the house after not paying for 16 years.

212 replies

TheBorgPrincess · 16/10/2023 20:50

Usual disclaimer- all names have been changed for privacy.

I (41F) bought a house with my younger sister Claudia (34F) 17 years ago (2006). Both our names went on the Mortgage at my parent’s behest. To make Claudia ‘Feel grown up’ and perhaps she would be inclined ‘to take the bills seriously’. As was earning more money than her at the time, we agreed that I would pay two thirds of all bills and Claudia would pay the remainder. (Somewhere in all the paperwork, I do remember ticking a box that said Tenants in common and not tenants in Law. Which I believe recognises an uneven split in ownership?)
Anyway, after 9 months of living together and after a silly argument about the washing up. Claudia packed up her things and left to go back home and live with our parents. I really don’t think she could afford her share of the bills and didn’t like spending her money on living essentials. Claudia promptly handed her key over to our dad and nothing was discussed or agreed. Our relationship was slightly fractured after this, but we remained cordial at family gatherings.
I really struggled to afford the bills on my own at first, but by taking a second job and knuckling down at work I earned a promotion and was soon comfortably able to afford everything with a decent quality of life.
Skip to 10 years later and Claudia is in a relationship with Matt. Matt ‘Flips houses’ for profit. Selling some and renting out others. He’s made a successful business out of this. Out of the blue I receive a scathing text message from Claudia demanding I remortgage immediately to take her name off the mortgage. From what I understand Matt had maxed out the amount of properties he could get with just his name and wanted to start using Claudia’s. She states that she doesn’t want to be bought out, just her name taking off the mortgage. She’ll even help pay for the legal fees. I get to own 100% of the house, she gets to build a property empire with Matt. Win-Win! Off I trot to a Mortgage advisor and explain the situation and there’s a few options- I just need to get the house valued. I pay my fee. Alas, the house is in negative equity! The mortgage advisor completely vanishes in the ether, doesn’t return my calls. I get a nasty text message from Claudia (GOD! I wish I’d kept these!) that she’s going to get a solicitor involved and force me to sell the house at a loss. I was absolutely heartbroken at the thought of being forced to give up my cute little house and my home of over a decade. I really didn’t what to do. My Parents aren't much help- they just shrug their shoulders. A few months later Claudia and Matt split up- all goes quiet, and I breathe a sigh of relief.
Fast forward another 5 years. I get offered a fantastic job opportunity BUT it involves a relocation ASAP! The company I work for offers to pay for a full relocation package- the whole she-bang plus they’ll pay for rent on a house for 6 months close to where I need to be so I have chance to sell my house.
No takers. The Estate agent recommend renting it out. It’s in a great location if you commute and it’s close to a lot of amenities, the area has had a bit of gentrification. It’s barely on the rental market for 24hrs before It’s snapped up. I rent it out for just enough to cover the mortgage and the landlord insurance, hoping it’s an investment for further down the line.
So, to be clear I try to sell the house – Claudia is aware but is not interested. I rent the house out- Claudia is aware but not interested and makes no comment on the situation.
4 years ago, the tenants stop paying rent (Just scumbags, but that’s a whole other story). After a lengthy year long battle which nearly broke me mentally and financially-They tried every trick in the book. I secure a successful eviction order and after the bailiffs have kicked them out, I am left with a completely trashed house. It was disgusting. Claudia is aware of this and makes no comment. My parents after seeing me struggle financially help me with the costs of a quick whitewash, several tip runs and a professional deep clean so I can get it back on the market to sell.

For the past year I had to pay both the mortgage and my own household bills. There’s just my wage, as a single person in a Cost-of-Living Crisis. I’ve blown all my savings, maxed out my credit card and had to take a loan out to make ends meet. I was hoping that the proceeds of the sale would allow me to pay everything off, get me a new car and a modest deposit on another house.

In what feels like the only good news of 2023. I have a buyer for the house. I didn’t quite get what I wanted, but I can’t afford to go on like this any longer. I want rid and quick.

Claudia is now asking about how much her share of the profit is, and how much is left on the mortgage. To be quite clear she hasn’t paid a penny towards the upkeep or mortgage of that house for over 16 YEARS! I am shocked but not surprised by the sheer audacity. Somebody has whispered in her ear that as her name is still on the mortgage she’s entitled to HALF of the profits from the sale! I have also found out that she’s taken out a large loan (for a boob job) stating that she is a property owner. My parents don’t want to get involved. They don’t want to come between sisters! My Mother hints that I should take pity on her as she’s now a single mother of two, while my dad thinks I should get legal advice and try to fight her in court.

Is there anything I can do? Or is it more fool me for not remortgaging sooner? She’s set foot in the house twice in the 16 years since she left, and apart from when she was in a relationship with Matt hasn’t said anything and was quite happy to let me keep her credit score nice and high as I’ve never missed a payment. I’m worried that if she doesn’t get her own way she’ll refuse to sign for the sale of the house.

OP posts:
Auntieobem · 16/10/2023 20:53

Who's names are on the deeds?

3orstickto2 · 16/10/2023 20:55

What an absolutely cheeky cow bag! If give her whatever she put in deposit wise back and not a penny more and tell her to sling her hook! Absolutely fight her on this

Rousblouse · 16/10/2023 20:56

I would just go with whatever your solicitor tells you that you are required to do by law and tell your sister to get her own legal advice.

This whole thing had disaster written all over it from the start. Get out as soon as you can. I suspect your sister really resented being embroiled in it too at times. It was such bad advice from your parents to split the ownership of the house.

VisaWoes · 16/10/2023 20:56

So she paid half the deposit and her name is on the deeds? Or did she not pay any deposit?

MrsPinkCock · 16/10/2023 20:58

If you’re tenants in common then presumably she is entitled to her % ownership (33% or whatever).

Doesn’t make it morally right though.

fearfuloffluff · 16/10/2023 20:58

Obviously, the moral side is in your favour.

There will be case law that determines what rights she has. You'd be better off going to a solicitor than arguing with her for ages.

19lottie82 · 16/10/2023 20:59

I know this isn't much help, but this should lol have been sorted out years ago. As a pp advised you really just need to speak to your solicitor and see what they advise. But at the end of the day you’re going to have to come to some sort of agreement with her, as you won’t be able to sell the house without her agreement.

Debini · 16/10/2023 20:59

If the house was in negative equity then how is there any money left to split once the mortgage was paid?

FawnFrenchieMum · 16/10/2023 21:03

Debini · 16/10/2023 20:59

If the house was in negative equity then how is there any money left to split once the mortgage was paid?

That was 7 years ago

19lottie82 · 16/10/2023 21:03

It WAS in negative equity years back. It’s not anymore.

Changethetoner · 16/10/2023 21:03

OP has owned that house for many years. At some point, the house was in negative equity. Presumably that is no longer the situation, and it is now worth something.

Mydogmybestfriend · 16/10/2023 21:03

I had the same issue but not with siblings but my aunty it really is sad how people turn when it comes to money. I feel you're right here

TarantinoIsAMisogynist · 16/10/2023 21:05

Debini · 16/10/2023 20:59

If the house was in negative equity then how is there any money left to split once the mortgage was paid?

That was 7 years ago.

OP, your sister will be legally owed some of the proceeds (exact % depending on the original agreement), but you should have sorted this years and years ago. This mess was preventable, and could have been forseen from the outset.

WonderingAboutThus · 16/10/2023 21:10

It's a mess now. Forget the morality of it. Get a lawyer and follow their advice.

theduchessofspork · 16/10/2023 21:10

Just see a solicitor, if her name is on the deeds she’s entitled to something, but as you will have paid all the mortgage I think it will only be a percentage rathe than an even split.. but only a solicitor can answer this.

theduchessofspork · 16/10/2023 21:12

There’s nothing you can do about this now OP, but try and figure out why you have let this go on, simply so you can avoid the same mistake in future.

AnneLovesGilbert · 16/10/2023 21:14

Oh blimey, she’s a piece of work. Hope it gets sorted quickly without you having to pay her much/anything. Your mum is awful, but your sister didn’t become so selfish and flakey without being enabled.

londonrach · 16/10/2023 21:16

You need to see a solicitor. If be tempted with deposit back ..

Whataretheodds · 16/10/2023 21:19

Agree you need to take legal advice. It's going to boil down to what's on the deeds - what % she owns.

I believe technically the fact you've lived in it alone is neither here nor there - if she part-owned the property then she'd be entitled to rent from you for her portion, which arguably nets off against her portion of the mortgage.

Dotcheck · 16/10/2023 21:20

Go see a solicitor and find out what the original agreement was.

Frankly, for years you put your fingers in your ears and sang la la la, hoping your sister would magically roll over and be reasonable when you knew she wouldn’t be.
Why on earth did you wait until this point in the selling process to get this sorted?

CakeWarrior · 16/10/2023 21:21

I had this scenario with my ex husband. He left and I was unable to buy him out of afford to move. However after a few years when I was able to move and he had to sign the paperwork for the house sale - lo and behold he wanted half the profits! Despite not paying for almost 10 years. My solicitor told him he has 2 choices; that if he can prove his mortgage payments up until sale then he is entitled, or he can admit liability and repay me the half of what he owes to then get just a couple of grand which is all that would be left after sale and fees. Needless to say he squirmed away and just signed the papers. No payment = No entitlement.

Fissssh · 16/10/2023 21:21

What is with the influx of Reddit style threads on here lately? (Missing the point of the OP)

NamelessNancy · 16/10/2023 21:22

Are the ages in the OP now or then? Was this all set up when your sister was 17?

Surely putting a teenager on a mortgage and making them responsible for bills to "make them feel grown up" is obviously a recipe for disaster.

MrsMoastyToasty · 16/10/2023 21:26

Hiw did she get a mortgage aged 17? You can't get any credit until you're 18.

NamelessNancy · 16/10/2023 21:29

MrsMoastyToasty · 16/10/2023 21:26

Hiw did she get a mortgage aged 17? You can't get any credit until you're 18.

Even if possible (which I doubt) it's an insane thing for parents to set up/encourage imho.