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  • Property

    A property (currently empty) was left to all the siblings. Could one of the siblings move into the property without the permission of the others? Could the others force a sale?

    thanks.
    Tags: None

  • #2
    Hi RupertJ,

    Probably need a little more information here. I assume the property was left in a Will? Do you have the wording of the Will? Was the ownership of the property changed with HM Land Registry when the estate was administered so it is now in the siblings names as legal owners?

    Has there been no discussion between the 'owners' of the property with regard to the person staying there?

    Hopefully we can provide some pointers once we have a bit more information.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Thanks for the reply.

      Ok here’s the circumstances.

      Irs for a friend. His mother died intestate but divorce agreement was house tenants in common, 50/50 on sale. Father died, everything left to 2nd wife in will. She’s died. We think she left everything to her children (needs to be confirmed). They are friend’s half siblings. He’s not met one and occasionally in touch with other one. It is likely that they’d want to sell. He is considering his options and one would be to move into the house. Can he do that?

      Comment


      • #4
        Sorry RupertJ confused already!

        Your friend's mother died intestate so your friend was entitled to a share of the estate.

        You then mention a divorce agreement. Where does this come into it, is this your friend or his mother who divorced? So in the agreement the house was to be divided 50/50. When was it to be sold or the 50% paid to the party no longer at the property? Did this arrangement ever get logged with HM Land Registry?

        It appears father may have been the one who remained at the property is that correct? So he owned 50% of the property (his share) to his 2nd wife on his death. The other 50% was owned by his ex wife and so passed to her children when she died? Did the property transfer into the children's names or trustees (for their 50% share) at that point?

        Has your friend discussed moving into the property? Is there anyway he could raise the money to pay for the 50% share that is due to go to the 2nd Wife's children under her Will?

        Sorry more questions again but as you can see it is rather complicated.
        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Originally posted by Peridot View Post
          Sorry RupertJ confused already!

          Your friend's mother died intestate so your friend was entitled to a share of the estate.

          You then mention a divorce agreement. Where does this come into it, is this your friend or his mother who divorced? So in the agreement the house was to be divided 50/50. When was it to be sold or the 50% paid to the party no longer at the property? Did this arrangement ever get logged with HM Land Registry?

          It appears father may have been the one who remained at the property is that correct? So he owned 50% of the property (his share) to his 2nd wife on his death. The other 50% was owned by his ex wife and so passed to her children when she died? Did the property transfer into the children's names or trustees (for their 50% share) at that point?

          Has your friend discussed moving into the property? Is there anyway he could raise the money to pay for the 50% share that is due to go to the 2nd Wife's children under her Will?

          Sorry more questions again but as you can see it is rather complicated.
          Sorry.

          It was his mother’s house, when she divorced from his father they had this agreement. His father left a Will saying all his estate would go to his second wife. He moved out of the property and lived nearby in another house. His mother remained in the property. My friend is going through probate and they’ve told him he will inherit 50% of the property. He does not have any funds to buy the other 50%’.

          When his his father and his 2nd wife died his mother was still alive and living in the property.

          This is only an option abd he may may not move in, but I think it could get complicated if he just moved in. He’s reluctant to talk to his half siblings.

          Comment


          • #6
            The house is in both parents name with land registry and the people doing the probate have explained that he will inherit 50%.

            Comment


            • #7
              It's a great shame to leave the property empty and presumably unheated and deteriorating. On the other hand, I really wouldn't contemplate moving in without the half-siblings being consulted (and agreeing). How would your friend feel if the half-siblings moved in without consulting him?

              Besides, the executors/personal reps would have to agree too.

              Comment


              • #8
                Yes, there is that. I suspect he feels a greater claim because his mother lived there, but if they have a legal claim to it, you can’t deny that.

                Comment


                • #9
                  If he did move in without their consent and they objected, where would they stand legally? Thanks

                  Comment


                  • #10
                    It's now a criminal offence to squat a residential property.

                    Comment


                    • #11
                      Not if you part legally own it, so not really the issue in this situation
                      More importantly the poster isn't the sole owner and I would really encourage them to discuss it with the other legal owners. As I mentioned previously he could potentially 'buy out' the other owners but if this is not an option then I would suggest it really needs to be a discussion as to the way forward with regards the house.
                      Would the other owner be willing to retain the property for a while if they received a rental income for effectively staying in their half of the property? I suspect you need to think of some creative options to try and persuade them to keep the property for the time being?
                      An order for sale can be obtained by any of the owners so even if you did stay at the property there would be no certainty as to how long you could remain. I suspect even as a co-owner not wishing to sell if there are other owners who do wish to and the fact this has no been your own home the Court's would most likely order the sale, particularly if the person wanting to stay in the property is unable to offer anything to the other beneficiaries in return such as buying them out.
                      I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                      If in doubt you should always seek professional face to face legal advice.

                      Comment


                      • #12
                        Originally posted by Peridot View Post
                        Not if you part legally own it, so not really the issue in this situation
                        More importantly the poster isn't the sole owner and I would really encourage them to discuss it with the other legal owners. As I mentioned previously he could potentially 'buy out' the other owners but if this is not an option then I would suggest it really needs to be a discussion as to the way forward with regards the house.
                        Would the other owner be willing to retain the property for a while if they received a rental income for effectively staying in their half of the property? I suspect you need to think of some creative options to try and persuade them to keep the property for the time being?
                        An order for sale can be obtained by any of the owners so even if you did stay at the property there would be no certainty as to how long you could remain. I suspect even as a co-owner not wishing to sell if there are other owners who do wish to and the fact this has no been your own home the Court's would most likely order the sale, particularly if the person wanting to stay in the property is unable to offer anything to the other beneficiaries in return such as buying them out.
                        Thank you. That’s helpful. I don’t think he want to move in, but he’s considering it as an option. I was concerned he would do so w/o a discussion, as this is what he said initially. He was under the impression that they could not do anything if he lived there, despite the fact I pointed out that might be the case if he was already living there, but it’s a different ball game if he’s not. I think he’s going to contact them and discuss and is unlikely to move in.

                        This is clarified things in my mind, so I can let him know the position.

                        Comment


                        • #13
                          Originally posted by Peridot View Post
                          Not if you part legally own it, so not really the issue in this situation
                          The OP's friend does not legally own part yet, as far as I am aware. His half of the property is tied up in the intestacy, so is under the control of the PR. (The OP said "The house is in both parents name with land registry and the people doing the probate have explained that he will inherit 50%.") Maybe I am taking this a bit literally?

                          In any case, I entirely agree with your advice to discuss with the other parties. The last thing he needs is to be at loggerheads with the co-owners of the property.


                          Comment

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