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can I legally get rent from my sister with a house that we both inherited

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  • can I legally get rent from my sister with a house that we both inherited

    Hello my mother passed away a year ago in the uk, and left her house to my sister and myself, my sister was appointed executor because I live abroad. originally I was going to move back and work out a way to divide the property which is big enough to make into 2 flats. my sister owns independantly another home but has decided she wants to live in the inherited house that was fine with me until I needed a operation and my financial situation became unstable. I live in germany in rented accomadation and due to my op will find it difficult to make ends meet for the next six months. I have asked my sister if I can benefit from the house by renting my half short term until I get over my op. I do not want to sell as I want to move back to the uk does anyone know what I can do in this situation my sister does not agree with me renting my half or paying me a small amount for profiting from the whole house and leaving her own property empty to rent presumably. thanks any serious replies would be appreciated
    Last edited by johny; 25th April 2013, 07:11:AM.
    Tags: None

  • #2
    Re: can I legally get rent from my sister with a house that we both inherited

    I think that you should be able to get something for her living there, but this needs specialist advice, therefore hopefully someone will pop along and be able to advise you more fully.

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    • #3
      Re: can I legally get rent from my sister with a house that we both inherited

      thank you for your reply, I would have left the situation if my finances were more stable I had a shoulder op a few days ago and am unable to work my aim is to come back to the uk and live in the house hopefully divide it into 2 flats

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      • #4
        Re: can I legally get rent from my sister with a house that we both inherited

        I get the impression that you want to divide house into 2 flats that needs planning permission building regs and costs money?
        yet you say your in financial difficulties.
        finally wpuld the sister pay towards the conversion?

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        • #5
          Re: can I legally get rent from my sister with a house that we both inherited

          I live at present in germanyand do have financial difficulties due to my wife being ill although she is now better but unfortunatly I had degenerated arthritis in my right shoulder that was operated on monday and I have been told that within 4 to 6 months with physio I can return to work, my sister was very difficult to talk to over the last year, she would not respond to emails ect. I thought this was her greiving process and would have simply retuned if I did not need the op. but due to the urgency of the op I have had it done here, there are no waiting lists for operations as I understand is the case in england. In reply to your question I would work maybe aquire a credit and divide the house as is stated in the will. I mave however not spoken to my sister about this as I have the feeling I am walking on thin ice whenever I do talk to her. she talks of sadness over her loss but managed to control this situation up until now in a way that only she benefits.. and due to my situation at present I find it unfair and very insensitive of her she has offered to buy me out but that does not help me as I could not buy anything freehold in london with the money she would offer.I will try to talk to her again

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          • #6
            Re: can I legally get rent from my sister with a house that we both inherited

            Originally posted by johny View Post
            Hello my mother passed away a year ago in the uk, and left her house to my sister and myself, my sister was appointed executor because I live abroad. originally I was going to move back and work out a way to divide the property which is big enough to make into 2 flats. my sister owns independantly another home but has decided she wants to live in the inherited house that was fine with me until I needed a operation and my financial situation became unstable. I live in germany in rented accomadation and due to my op will find it difficult to make ends meet for the next six months. I have asked my sister if I can benefit from the house by renting my half short term until I get over my op. I do not want to sell as I want to move back to the uk does anyone know what I can do in this situation my sister does not agree with me renting my half or paying me a small amount for profiting from the whole house and leaving her own property empty to rent presumably. thanks any serious replies would be appreciated
            Its a difficult one. I do not think that you could force your sister to pay you rent, as joint owners you are entitled to an even share of the benefits generated by the property, if you do not(or cannot) take advantage of your entitlement that should not be her concern (in law).

            However there is nothing stopping you taking your entitlement by proxy so to speak. How about you suggesting that you are considering renting your half out to a third party.

            The suggestion itself may prompt a more helpful response.

            Comment


            • #7
              Re: can I legally get rent from my sister with a house that we both inherited

              thanks for your reply I have already done that her response was that she would feel uncomfortable with someone else living there. She owns a house independantly and maybe I am wrong but I think she is renting that.I will try to suggest that she rents her own property and pay me half of the market value, I do not want much I would just like to get overthe next few months then work in germany for a few months and return to uk

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              • #8
                Re: can I legally get rent from my sister with a house that we both inherited

                Originally posted by johny View Post
                thanks for your reply I have already done that her response was that she would feel uncomfortable with someone else living there.
                Well yes understandably, but she would in effect be preventing you from realizing a return on your property, i think that her refusal to allow you to let your part of the property would be actionable.

                It is difficult when it is family I know, and what you would do in a commercial situation is not always what you would want to do with a family member, but sometimes the suggestion that you might is enough.

                Anyway the best of luck

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                • #9
                  Re: can I legally get rent from my sister with a house that we both inherited

                  Can yu really see her giving you half the profits from rentin her house out? one must think that her offer to buy you out is what she wants it may become a take it or go legal situation,without being insulting to you or your sister theres 2 problems here as always money and family not always the easiest problem to solve,
                  Whateve happens get your operation get well and progress from there

                  Comment


                  • #10
                    Re: can I legally get rent from my sister with a house that we both inherited

                    thanks for the reply, I dont think that she will accomodate me with a portion of rent from her own home I WOULD AT THIS STAGE BE HAPPY WITH 25 TO 30 PERCENT but I think I need to ask I believe what defines us is how we react to a crisis that is how life has shaped me but I am under no illusion that everyone thinks differently, meaning my sister

                    Comment


                    • #11
                      Re: can I legally get rent from my sister with a house that we both inherited

                      I think its time to talk she may have different ideas to you but there should be a compromise somewhere you never know till you try

                      Comment

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