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Original poster

My sister wants to sue me to for mortgage payments on our joint flat, even though I didn't live there

325 replies

Confused20232023 · 18/10/2023 13:28

My sister and I bought a flat together about 6 years ago (our parents helped us with the deposit if that matters) which we lived in together. About 2 years ago we talked about selling the flat because I wanted to move in with my boyfriend. My sister couldn't afford to buy me out so we agreed that she would pay the mortgage and all bills on the flat until we sold. We have this in writing on email and Whatsapp texts, and we also discussed this with our parents.

We eventually sold the flat (a whole story to itself!), and now my sister is saying that I should have paid the mortgage over the 2 years (when I wasn't living there), and is threatening to sue me to make me pay. Does she have a case if we have something in writing to say that she would pay all mortgage and bills while she lived there? I'm getting worried as we can't afford to pay her, and my boyfriend and I are planning on starting a family, so every pound counts!

We are in England.

OP posts:
Crazycrazylady · 18/10/2023 13:41

Pretty crap behaviour on your part. If she had laid the mortgage for 10 years on her own , would you still expect even share of sale proceeds. You've screwed her over but you're worried about what can't be big money over your relationship with your sister which will never recover from being shafted. Charming .

NoSquirrels · 18/10/2023 13:41

I would have thought that your share of the mortgage payments should be taken from the proceeds of the sale.

This, in spades.

She won’t have to sue you if you just do the right thing. Work out how much 50% of the mortgage was over 2 years and pay her that.

woodpecker2 · 18/10/2023 13:41

Surely you basically agreed that her rent she should pay you while she was living there would cover your mortgage repayments effectively making you both even now. I would write her a rent bill that equals the mortgage repayments.

NotesApp · 18/10/2023 13:43

You need to go back through your mortgage statements to work out how much of the additional equity is hers.

AnotherForumUser · 18/10/2023 13:43

Google occupational rent. Your sister had the entire use of the property when you left so you could counter with telling her you will be suing her for the rent on your half.

Viviennemary · 18/10/2023 13:46

You were responsible for paying the mortgage whether you lived their or not. Don't know where she stands re suing you. Maybe you need legal advice. But them sister should have paid rent on your half of the flat.

Comefromaway · 18/10/2023 13:46

Both sisters were liable for the mortgage payments until it sold. It didn't matter whether one of them chose not to live there, that doesn't make the other sister liable for rent.

Icedlatteplease · 18/10/2023 13:48

I'm struggling to see whst you did wrong.

Ownership would have determined how the proceeds were split, as they did.

If she agreed the terms for living there solo I can't see how she can claim anything now. I would check with a solicitor not mumsnet.

BoohooWoohoo · 18/10/2023 13:48

You sister was lucky that you didn't take legal action to force a sale. If she wasn't happy with the arrangement then she should have said at the time that you were moving out rather than after selling.

Soubriquet · 18/10/2023 13:49

Hang on…didn’t we read the other side to this the other day?

Peoplemakemedespair · 18/10/2023 13:50

NCcaughtinit · 18/10/2023 13:41

I think the issue highlighted is that the OP didn’t pay mortgage but presumably the sister didn’t pay any rent despite only owning half the house. So it might be a wash?

Show quote history

That’s not how the law works at all though. They are both in the mortgage, they are both legally responsible for paying the mortgage, even if the loan was based on one’s persons earnings or if one party moves out. The ops contract was with the mortgage provider, not her sister. She doesn’t get to let her sister down, move out, and then not only not pay her portion of the loan, but expect her sister to pay HER for her vacating the property.

LolaSmiles · 18/10/2023 13:50

There is a thread from the point of view of the sister except that says 16 years, not 6
I thought the same.

PenguinRainbows · 18/10/2023 13:51

Confused20232023 · 18/10/2023 13:33

Yes, the sale has already completed and solicitors paid us both equally. We also shared the sale costs equally as well.

Show quote history

You had no right to half the proceeds when you didn’t contribute to the mortgage for two years.

Collaborate · 18/10/2023 13:52

There is some terrible advice given here.

Sister occupied the property on her own rather than selling it. In return she agreed to pay the mortgage on her own, She cannot ask you to pay after the event. A PP mentioned occupation rent - that is correct.

Stand your ground. the law is on your side (I'm a solicitor and deal with these cases).

Creepyrosemary · 18/10/2023 13:53

Why does everyone say that op should now suddenly pay half of the mortgage? Op wanted to sell two years ago and go 50/50. Sis didn't want that. The cost of staying was for sis to pay the whole mortgage. Why should OP now get less when she could have had her full share two years ago? OP didn't want to keep it, so SIS isn't now suddenly entitled to more because OP allowed her to live there for longer. I'd go to court fot this. She had a choice of selling for 50/50 or staying longer but then paying your bit.

Mrsttcno1 · 18/10/2023 13:53

Agree- she would absolutely be within her rights to want the difference in money for the time that she was paying and you were not, in fact I’m surprised you didn’t account for this in the sale of the flat. It’s simple- she put more money IN to the house, so therefore more of that equity is hers & she should get it back now from the sale proceeds.

Your texts show her agreeing to pay while you moved out which she did, what you’re talking about now is you benefitting financially from her doing that, which presumably is not agreed in your texts with her.

Comefromaway · 18/10/2023 13:53

BoohooWoohoo · 18/10/2023 13:48

You sister was lucky that you didn't take legal action to force a sale. If she wasn't happy with the arrangement then she should have said at the time that you were moving out rather than after selling.

THE OP said this arrangement was "until it sold" It doesn't indicate the sister was blocking the sale in any way, just that she could not afford to buy the OP out and I presume also couldn't afford to pay rent elsewhere on top of the mortgage and couldn't get a mortgage for another property until this one sold.

Two years to market and sell a flat isn't an unreasonable length of time

Aylestone · 18/10/2023 13:54

AnotherForumUser · 18/10/2023 13:43

Google occupational rent. Your sister had the entire use of the property when you left so you could counter with telling her you will be suing her for the rent on your half.

Occupational rent is for when someone has been excluded from the property, as in her sister kicked her out, not because the op decided to move in with her boyfriend. I wish people would stop giving nonsense advice on legal matters

CorylusAgain · 18/10/2023 13:54

AnotherForumUser · 18/10/2023 13:43

Google occupational rent. Your sister had the entire use of the property when you left so you could counter with telling her you will be suing her for the rent on your half.

I did google occupational rent:
"The right to occupational rent arises when one party is actually or constructively excluded from the property" and "...if access is restricted the occupying party may become liable liable to pay a notional rent .."

Its about relationship breakdown and one party not having access to a joint property. There's nothing about the absent party not paying their share of the mortgage - a separated couple ae still jointly liable to pay the mortgage even if only one is living there. and the rent is "notional"

Not this situation at all

ConfessionsOfAMumDramaQueen · 18/10/2023 13:55

PenguinRainbows · 18/10/2023 13:51

You had no right to half the proceeds when you didn’t contribute to the mortgage for two years.

Show quote history

Is that from your legal training? This is legal not AIBU. They're 50/50 owners, OP is entitled to 50% of proceeds legally. Whether you think ethical morally or not.

Been many threads when an ex partner has moved out, remaining partner has lived there and paid loads off then had to give the ex half 15 years later when they haven't contributed.

AnotherForumUser · 18/10/2023 13:56

Aylestone · 18/10/2023 13:54

Occupational rent is for when someone has been excluded from the property, as in her sister kicked her out, not because the op decided to move in with her boyfriend. I wish people would stop giving nonsense advice on legal matters

Show quote history

Try reading what Collaborate says a few posts down and educate yourself (Collaborate is a solicitor who has long advised on these boards)

Comefromaway · 18/10/2023 13:57

Ultimately no-one can properly advise unless they see the actual agreement/emails between you and your sister.

Original poster
Confused20232023 · 18/10/2023 13:58

I've not seen another similar post on this from my sister's point of view, but maybe she is posting as well.

To answer your questions:

  • No this is not a troll post
  • Of course I didn't make her pay rent

The reason why we reached an agreement for her to pay the mortgage is that I wanted to sell the flat to move out, but she wanted some time to save to buy her own flat. She didn't want me to move in with my boyfriend, and I wanted to move in with him. I couldn't afford to move out and also pay the mortgage on the flat. She agreed to pay the mortgage while she was looking for another flat as it was so much lower than her paying rent somewhere else.

To be honest, I thought I was doing her a favour, but seems like I've just shot myself in the foot.

OP posts:
CorylusAgain · 18/10/2023 13:58

Creepyrosemary · 18/10/2023 13:53

Why does everyone say that op should now suddenly pay half of the mortgage? Op wanted to sell two years ago and go 50/50. Sis didn't want that. The cost of staying was for sis to pay the whole mortgage. Why should OP now get less when she could have had her full share two years ago? OP didn't want to keep it, so SIS isn't now suddenly entitled to more because OP allowed her to live there for longer. I'd go to court fot this. She had a choice of selling for 50/50 or staying longer but then paying your bit.

Everyone is not saying that!

People are saying the OP is not entitled to the whole 50% of the equity given she didn't pay the whole term of the mortgage.

Legally the equity would be split 50 50 as joint owners but legally OP was responsible to pay the mortgage for the last 2 years. Her agreement was with the mortgage company, not her dsis

Comefromaway · 18/10/2023 13:59

eg it might be that sister agreed to pay the whole of the mortgage in return for being allowed sole occupancy of the property. OR it might be she agreed to pay the whole of the mortgage until the property sold with the expectation that amount would then be paid from the proceeds of the sale.

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