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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Sister wants to sell our jointly owned property aboard but I don't ??

155 replies

iwanttoholdyourhand · 31/10/2023 18:56

I need some advice. I jointly own a property abroad with my sister. We are both in our late 40s. She does not work and is on benefits.

She now wants to sell her share of said property and I don't . This property was gifted to us by our mother. It is currently rented out.

The country the property is located in the economy is really bad at the moment and it's already lost £10k of its value. The total value is now around only £50k. I want to wait it out and have plans to eventually semi retire in the country the property is in. I also have very fond memories of spending summers at this place. I really don't want to sell.

However, she wants out now and would like the money. I cannot afford to pay her in excess of £25k. I have suggested given her a small lump sum of £5k and then monthly payments of £500 per month over 3 years. She is angry and is not happy with this suggestion. She would like the money in one lump sum.

AIBU. I work full time and also have a young family. The money I give her will be tax free for her and also I don't think she will declare it to her benefits office.

I really don't want to upset her but think she's being a little unfair.

OP posts:
iwanttoholdyourhand · 31/10/2023 23:38

nibblessquibbles · 31/10/2023 21:04

OP be careful on this. As part of my divorce I got the abroad property and I had to pay a substantial cost to transfer into my name, this was just the paperwork but I had to pay the full equivalent of stamp duty even though my ex didn't on the UK property.
There was also capital gains for him on disposal of our rental flat and I made sure that it was clear in our paperwork that he was liable for any taxes etc on his side. I'm fairly sure he didn't pay CGT which I did pay and was a fair whack!
You should make sure it's clear that each party is responsible for their own tax bills and declarations to the relevant authorities.

Be careful also that you have a fair valuation on the property including all costs before you pay your sister with the loan. She doesn't get half the valuation but the valuation less all the costs as that is what would happen if you sold it and divvied the proceeds.

That's a good point at the moment she wants half the value of the property I will also deduct taxes and costs first too.

OP posts:
Mum5net · 31/10/2023 23:56

Could you raid from your pension pot to help raise cash , OP. Not ideal but it is for retirement.

iwanttoholdyourhand · 01/11/2023 00:14

Mum5net · 31/10/2023 23:56

Could you raid from your pension pot to help raise cash , OP. Not ideal but it is for retirement.

No I would never do that I have a good pension it's better to just try and get a loan

OP posts:
ninjasnap · 01/11/2023 01:43

So she is fraudulently claiming UC whilst wanting you to sell this asset for fun spends?? How on earth is anyone defending the sister in this??

YireosDodeAver · 01/11/2023 01:53

Sirzy · 31/10/2023 19:02

If you can afford £500 per month could you not get a mortgage or loan to buy her out?

ultimatly even if you both pay out to go through courts etc chances are you would still have to sell

This. You could easily get an appropriate loan to buy her out. If she is unwaged then owning this property is a massive barrier to her recieving support which you are generally ineligible for if you have more than £6000ish assets.that means your nice little retirement plan is causing your sister immediate financial hardship. Yabu.

bridgetreilly · 01/11/2023 01:55

You don’t get to police what your sister does with the money, or her benefits claim. But I do think YABU not to sell. That is the only way for you both to benefit from the property. You can reinvest your part in another property, now while prices are low, if you like.

HirplesWithHaggis · 01/11/2023 02:23

YireosDodeAver · 01/11/2023 01:53

This. You could easily get an appropriate loan to buy her out. If she is unwaged then owning this property is a massive barrier to her recieving support which you are generally ineligible for if you have more than £6000ish assets.that means your nice little retirement plan is causing your sister immediate financial hardship. Yabu.

Did you miss the bit where OP said her DSis hasn't disclosed ownership of this house to DWP and she's been defrauding them for years?

And how would £25k landing in DSis' bank account improve her ability to get benefits?

Toddlerteaplease · 01/11/2023 04:14

You are being very unfair. She is entitled to her money. And she might not see your plan as a good one. Particularly if it's already loosing value.

PivotPivotmakingmargaritas · 01/11/2023 04:40

Also I’d buy her out - if you plan to retire in the property might as well buy her out now in a cooler market and have your retirement home to yourself !!

Oblomov23 · 01/11/2023 05:30

Good for you OP. I hope you enjoy it in your Shirley valentine greek house!

Hotchocolatemousse · 01/11/2023 05:37

She will lose her benefits if she received the money unless she gets a job........

https://www.gov.uk/benefit-fraud#:~:text=You%20commit%20benefit%20fraud%20by,providing%20false%20information

RantyAnty · 01/11/2023 05:59

Why won't she work?

Yes, it'd be best to buy her out and be done with it.

YireosDodeAver · 01/11/2023 06:00

If she recieves the money and instantly spends it on valid purchases to improve her long-term quality of life eg a car, white goods, furniture, she can easily get her remaining capital down to less than the savings threshold for benefits. That won't help the fact of her previous fraudulent claims but at least her future claims would no longer be fraudulent.

PickledPurplePickle · 01/11/2023 06:06

Is she declaring her half of the rental income? She should be doing a tax return annually?

caringcarer · 01/11/2023 06:26

If you can scrape together £5 get a loan for £20k. You can repay the loan from renting property out. If she gets this money she shouldn't be able to claim benefits.

MikeRafone · 01/11/2023 06:28

iwanttoholdyourhand · 31/10/2023 19:55

She does not plan to tell them which I feel is quite immoral

you will need to put the money into her bank account, you need to do this so your money is traceable and shows you have paid her the money for house.

your sister is deluded if she thinks UC will not notice £25k deposit 💵 n her bank account. Seriously UC can suddenly ask for 3 years bank statements… it’s fraud and it’s so stupid

Jamjaris · 01/11/2023 06:30

Op your sister’s decision’s in life are out of your control as well as her reactions once she has spent it all. If you can afford to buy her out whilst the value of property is low then it’s a no brainer.
You know your sister will blow the money and once it’s gone feel like she has been conned, she will feel jealous you still have the property especially if it goes up in value in the future. That’s her problem not your’s and if UC find out that’s on her too.

TerfTalking · 01/11/2023 06:40

iwanttoholdyourhand · 31/10/2023 20:16

Yes she gets half the rent

So she’s already on dodgy benefit grounds here, not even taking into consideration owning another property.

I would be finding money to buy her out properly, changing the ownership to you, making sure you’re declaring all income and doing everything above board.

when she gets caught it’s on her, silly greedy woman.

Lastchancechica · 01/11/2023 06:42

Your sister has the right to access her money op. It’s not down to you to decide when the market improves you can then sell, that could be decades away or may never happen.

Your sister is in a very poor financial position, you need to sell or come up with the full amount.

I am amazed you didn’t sell immediately given your sisters predicament. You are being unfair, not her. She needs her inheritance now.

Lastchancechica · 01/11/2023 06:44

Just to add benefit fraud carries a custodial sentence and 25K is a huge amount, but that’s on her op.

determinedtomakethiswork · 01/11/2023 06:46

How much rental income does she get each month? She's really a short-term thinker isn't she?

Basilton · 01/11/2023 06:57

iwanttoholdyourhand · 31/10/2023 19:55

She does not plan to tell them which I feel is quite immoral

Forcing your sister to remain financially entangled and refusing to allow her to realise her assets, is pretty immoral too. You have no room to talk.

SweetFemaleAttitude · 01/11/2023 07:09

You get a loan, give her her 25k and what she does with it is nobody's business but hers ffs.

If she gets caught that's on her, but it's really not up to you to judge her immortality or any of the other PP's poking their noses in.

She's a grown woman, entitled to cash in on her asset. What she does with her money is either here nor there and nobody elses business.

Eddielizzard · 01/11/2023 07:12

I would get a loan and buy her out. Do everything legitimately, it's her problem if she tries diddling HMRC. Eventually her chickens will come home to roost.

Doing anything with family is doomed - work / investments. Best to get her out of this.

MontyDonsBlueScarf · 01/11/2023 07:36

Another possibility would be to sell the property on the open market, and to use your share of the proceeds either to invest or to buy another more suitable for your current or future needs. I know this isn't your first choice but it avoids the financial complications and the potential issues with your sister expecting to use or collect rent from the property in the future.

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