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Legal matters

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Original poster

Forcing the sale of a shared property (siblings)

21 replies

MotherOfVizslas · 31/08/2023 12:35

Hello

I’m hoping for some advice either from those of you that have some legal knowledge, or anyone who has been in a similar predicament.
My dad signed over a property to me and my sibling (50/50 shares) in 2019 as kind of an early inheritance. My father is still alive. My sibling was already living in the property at the time and I do not live locally.
My sibling agreed at the time, that as soon as they could they would buy me out of my share. This has not happened and we are four years down the road.
As my sibling has been living in our property for these past years, rent free, things have gradually spiralled downwards financially for me. My husband was hit by a car, becoming permanently disabled and unable to work as a result. We lived off our savings until they were gone, lost the house we were renting and are now living in a council property. I’ve just started a new full time job but it’s going to take time to get out of the financial hole we are currently in.
The proceeds from my half of the shared property would be life changing for me, but my sibling has made no effort to raise a mortgage or save any money and I just feel absolutely sick at the thought of dealing with this. I know if I make any legal moves this will irrevocably destroy what little relationship there is between my sibling and I, but am at the point where this is now looking inevitable.

Does anyone know what I would have to do to get the property sold, or if indeed this is even possible?

Has anyone been through a similar situation?

OP posts:

familyb4rrister · 31/08/2023 19:06

If there is a disagreement between co-owners concerning whether or not a property should be sold then an application for an order for sale can be made under the Trusts of Land and Appointment of Trustees Act 1996.

SpringSummerDreamer · 31/08/2023 19:08

Why is your sibling not paying you rent for your half of the property?

Sisterpita · 31/08/2023 19:09

You are right about the potential to affect your relationship.

However, it is unfair your sister has 100% of the benefit of your joint home.

It is unfortunate that you didn’t have a deed of trust or legal agreement setting out how things would work. I do hope you are registered with Land Registry as tenants in common.

My suggestion is a softly softly approach. I would calmly talk to your sister and explain how she has had the benefit of your shared home rent free whilst you have had to fund housing. Ask her if she has any thoughts about how it can be made fairer going forward e.g. is she in position to buy you out or to pay you half the rent? One consideration is maintenance I.e. who is paying for any repairs, buildings insurance etc.

Paying for an hours legal advice on what your legal rights maybe useful to inform your discussions.

Last suggestion, could your Dad intervene?

Original poster

MotherOfVizslas · 02/09/2023 19:51

SpringSummerDreamer · 31/08/2023 19:08

Why is your sibling not paying you rent for your half of the property?

At first they were getting on their feet financially themselves and I didn't begrudge it. I think maybe I've been naive but I honestly expected them to have made efforts to buy me out by now.

OP posts:

vipersnest1 · 02/09/2023 19:53

Why on earth are you paying rent on another property?
Move into the home you jointly own and enjoy being rent-free.

Original poster

MotherOfVizslas · 02/09/2023 19:55

Sisterpita · 31/08/2023 19:09

You are right about the potential to affect your relationship.

However, it is unfair your sister has 100% of the benefit of your joint home.

It is unfortunate that you didn’t have a deed of trust or legal agreement setting out how things would work. I do hope you are registered with Land Registry as tenants in common.

Paying for an hours legal advice on what your legal rights maybe useful to inform your discussions.

Last suggestion, could your Dad intervene?

Sadly my dad would never intervene in a situation that has no direct benefit to him.

Thank you for your advice. I think I plan to seek some legal advice first, so that I know exactly what my options would be. If I speak to my sibling first they may persuade me to give them more time (this has happened in the past with my sibling and dad pressuring me into agreeing to things that benefited them). Then I will open a dialogue with my sibling to ascertain whether there is any possibility of them obtaining a mortgage.
If they can't, I guess I will have to take legal action. I really wish it wasn't so.

OP posts:

CornishTiger · 02/09/2023 19:55

How much is the equity worth? Does your dad still live in the house?

Original poster

MotherOfVizslas · 02/09/2023 19:56

vipersnest1 · 02/09/2023 19:53

Why on earth are you paying rent on another property?
Move into the home you jointly own and enjoy being rent-free.

I don't currently live geographically close to my family. We want to move home but have no capital to use.as a deposit to buy our own place.

OP posts:

Original poster

MotherOfVizslas · 02/09/2023 19:57

CornishTiger · 02/09/2023 19:55

How much is the equity worth? Does your dad still live in the house?

My dad doesn't live there, no. Enough equity for it to be a very healthy deposit towards the purchase of another property for both me and my sibling.

OP posts:

RandomMess · 02/09/2023 20:00

If you want to relocate back to that area I'd be tempted to go for a visit and literally move back in and refuse to move out. It may hurry up the sale?

Horrible how your Dad trying to do a nice thing has spectacularly failed

Original poster

MotherOfVizslas · 02/09/2023 20:05

RandomMess · 02/09/2023 20:00

If you want to relocate back to that area I'd be tempted to go for a visit and literally move back in and refuse to move out. It may hurry up the sale?

Horrible how your Dad trying to do a nice thing has spectacularly failed

I've joked about doing this, and maybe I actually should, just to make the point!

OP posts:

HamBone · 02/09/2023 20:07

MotherOfVizslas · 02/09/2023 19:56

I don't currently live geographically close to my family. We want to move home but have no capital to use.as a deposit to buy our own place.

Show quote history

Your ambition to move home works well as a bargaining chip in this situation, because you have as much right to live in the house as your sister.

As you said, it’s wise to get some legal advice so that you fully understand your options. Then talk to your sister and explain that you want to move to your home area, but as they haven’t made any attempts to buy you out, your best option at present is to also move into the jointly-owned house.

You have an equal right to live there after all. If she doesn’t want you to move in, she’ll need to agree to a deadline to get a mortgage or sell the property. Even with the pandemic, four years is long enough to wait. Good luck. 💐

HamBone · 02/09/2023 20:08

Just saw your update-it’s time to stop joking about moving back ad say that you’re planning to do it!

CornishTiger · 02/09/2023 20:11

The reason I ask is most council housing have a limit of the amount of capital you can have on application of joining the register and this would have been seen as an asset. I’m surprised they housed you.

You did need to take steps to realise that asset.

fernsandlilies · 02/09/2023 20:12

This is not what you asked, and sorry if you already know, but if your father were to die within the next 3-4 years, inheritance tax would be due on the house that he gave you.
Although it appears that the tax-free allowance is applied first to gifts, so it might be more accurate to say that inheritance tax will take a bigger bite on the rest of his estate due to the gift to you using up the allowance.
just something you may need to plan for.

PuppyMcPupFace · 02/09/2023 20:26

https://england.shelter.org.uk/professional resources/legal/debt/charginggorders anddorders forrsale/orders forrsale#title-0

Babyroobs · 02/09/2023 20:30

I'm also surprised you were able to access council housing with this asset worth a considerable amount, although I guess it could be due to your dh's disability.

vivainsomnia · 04/09/2023 13:26

So your sister was already living there. Was your dad at the time? Was she paying rent to your dad?

Why did you dad expect upon the change in ownership? Or was it done just to avoid future tax implications?

If your sister said she'd pay you when she could, there was no guarantee when this would be.

Your dad should have made the conditions of the transfer much clearer. As it happened, with your sister already living there, it was always going to become a mess.

Isyesterdaytomorrowtoday · 04/09/2023 13:30

I don’t understand how you managed to get a council property whilst owning 50% of a house?

CornishTiger · 04/09/2023 13:32

@Isyesterdaytomorrowtoday neither do I.

bjrce · 04/09/2023 13:45

OK Serious question.

Why don't you move back to your area and move into the house, what's the problem, I wouldn't ask her ( or joke about it).I would state it as a matter of fact. You and you DH need to make the change. Your DS has already got the benefit of the house for the last 4 years.

I guarantee , it'll definitely move things along. Do you or your sisters have any DC that come into the mix?

If you are serious about moving back home - this may be your only option. Stop pussy footing round your sister. This is something that had become a need for you.

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