Selling a house after probate is finished

[EllenR]

Long story short-my father died just over a year ago,probate is done & dusted.Due to her ongoing issues with her husband,my sister has been living with my father since roughly 2016.Now the house can be sold my sister is in no rush to leave or put the house on the market.I need my half of the value of the house so I can plan my future,can I force her-legally or otherwise-to sell the house/put it on the market ?
Thank you

What does his Will say, have all the assets been shared between you both.

He left no will,never got round to it.The money from his bank account has been split between us.

Sorry.………..He left no will,he had no other assets apart from the house-which was his/all paid for.He had a little in the bank which was split between my sister and myself,no other assets at all.

If there is no will expressly saying what your Dad wanted I suggest you talk to a solicitor because you might need to go to court to try and remove her. However as you want to sell, this might not be a good enough reason to get her out. However if your Dad didn’t say she could stay, you might have to argue she has no right to be there any longer. It won’t be pleasant though and your Dad should have been explicit about his wishes.

She should be paying you rent, so discuss this as well. Could you buy her out? This gives you control. It’s not satisfactory though. The alternative is cajoling her and helping her to move on. She might see that this situation isn’t fair to you.

One way to rush things a bit might be to move in yourself or move a lodger in with her as that might impress on her the fact that she is likely to have to leave. I would just send her a polite letter saying the house is going on the market so it would be a good idea if she started looking elsewhere - she might want to buy you out too of course.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Thanks to one and all for the info,i`ll do some research on it...by the way,i went to the CAB months ago,pretty much useless.

See a solicitor. If she doesn’t agree to sell you need to apply to the court for an order for sale.

The ownership is settled and it doesn’t matter now about how an intestate estate is settled. There were no instructions for the sisters. It’s about how the sister can move out and move on! See a solicitor.