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Can you sell your half of an inherited property?

6 replies

Whatsthatspookynoise · 10/05/2021 14:46

MiL and her sister inherited 2 properties from their parents. One was in London and has been sold and the money split, the other is in another country where the parents are from. (It's a small island so I don't want to say where in case someone I know recognises my post.)

So MIL had to take care of EVERYTHING for the house in London even though the sister had been living in it for years (she also has her own house) the sister was extremely lazy and hadn't paid any utilities while living there, so MiL had to pay them so the house could be sold. She was so stressed out it was unreal and they have had a falling out over it.

The sister doesn't want to sell the island property and MiL does because she knows she will end up paying for the upkeep etc as sister just won't do it. MiL has been really open about this, but the sister just lives in a world where everything is taken care of for her and refuses to buy mil out because she doesn't want to spend the money or be responsible for the house on her own.

I asked MiL why she doesn't sell her half and apparently she can't without sisters approval?

Now MiL has decided to give her half to her niece (sister's daughter) as she is a responsible person and has been on her side through the whole thing. I just feel bad for MiL and wondering what she should do?

OP posts:
milinhas · 10/05/2021 14:49

Who would buy a half of a property with a stranger owning the other half (and not taking responsibility for it)? Think that’s not a go-er even if permitted in the country it’s situated.

Could your MIL arrange to rent it out and have an agency take care of all the details, then share any proceeds after agency fees with her sister?

SomebodyThatIUsedToKnow3 · 10/05/2021 15:01

I think she can get a court order to force a sale. The legal section on here might have some specific advice or she could see a solicitor. Gifting it to her niece may leave her short in retirement or disadvantage her children, I'd want to know I'd gone through all my options before doing something like that.

SpiderinaWingMirror · 10/05/2021 15:23

It depends on the rules where the property is.
Before getting bogged down, how much is it actually worth?

SpiderinaWingMirror · 10/05/2021 15:26

And I have a huge amount of empathy for her position. I have 2 siblings who will literally expect me to send them their share when the time comes. Fortunately my mums will is clear that everything is to be sold and divided. No question of shared property hanging on. I will be paying a solicitor out of the estate if there is anything worth inheriting!

GU24Mum · 10/05/2021 15:28

Property law is very specific to individual countries so without knowing where the house is, it's impossible to say.

If it were in England or Wales then the basic principle is that land is held on a "trust for sale" so a sale can (eventually) be forced through.

katmarie · 10/05/2021 15:42

If it was the UK then she could try to take legal action to force the sale of the property. But outside of the UK it depends on the local.laws. could she get the sister to buy her out? Or could she buy the sister out of her half?

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