Bought with sister, now getting married. Help!

[badabing]

You are in a stronger position than you think here. She cannot stop your partner from moving in because you own half the property. If / when he does who is going to want to rent a house with a married couple. After getting hubby in, I would stop paying mortgage, and force a crisis situation. Her hand will then be shown. Her most likely move will be to agree to sell.

I'm assuming that you would agree to sell if she would. Her not agreeing to sell is way out of order. As a consequence, she is attempting to bully you into doing what she wants. You need your equity to move on etc.

As previously mentioned, you also have the option to move legally. I would accept that things are past simple rectification and act accordingly.

 

[davidoco]

my sister has put a deposit on a new house that will be ready for her to move into this time next year. QUOTE]


OMG How do you live together in the same house now with the situation the way it is?

Force her hand now by offering to buy her out €90,000 (make sure you can raise the finance) at a fair market price for her share and if she refuses tell her that you are not making any further mortgage payments which will mean that her credit rating for her new house may be affected and she may not be able to get a new mortgage. You don’t really care as you intend to stay where you are. She may pay the full mortgage until she gets her own house sorted but it’s worth a try.

If that fails do a Google search for ideas on how to make her life hell living with you.

 

[D8Lady]

Hi markesmith,
Contrary to other advice given today, it would be better that you did not indulge in any game playing, (tempting though it would be..)
I was in a similar situation with a good friend and it was a nightmare to sort out.

A few legal points:

I'm presuming that you bought as tennants in common, an equal split between the 2 of you.
If your new hubby moves in, it may become a family home. If he starts paying rent, he will have a material right to a slice of the house even if his name is not on the deeds. Even if he doesn't pay a penny but contributes to the upkeep, he may be entitled to a slice of it.

I'd suggest you get good legal advice on this one.

The relationship with your sister would seem to be beyond repair. It is an unfortuate and very sad situation.

The questions is, what is more important to you - the house or your future life? Do you want to start a new married life with a sister-in-war? If he does move in, will always be 'your' house, not 'our' home? The house will forever have an atmosphere.

I'd suggest you both sell it, split the proceeds and move on with your lives.
You can force her to sell. Snotty solicitors letters threatening court action can really get a persons attention without actually going to court.

Give her sufficient ntoice that this is what you intend to do. Allow her to sort out her financial affairs regarding the new house. She is being forced to react to your changing circumstances, so try to be as gracious as possible.

Initially, you and fiance can rent a 2 bed apartment. One room to be an office.

And given the history, may I be so bold as to suggest a pre-nup agreement?

D8L

 

[triplex]

Really sorry for the situation you find yourself in. However, don't stop paying the mortgage - it will look very bad on your bank record and they may refuse you further funding..

also, bear in mind that a pre-nup has no legal status in this State..

 

[Headachecity]

Just wanted to say I feel so sorry for you. It's so hard when realtionships within a family breakdown like this and especially hard when you know you have tried so hard to work it out.
Is there any chance your parents could act as mediators to sort this out??. I know you probably don't want to involve them and they love you both equally but she might listen to them or is there anyone else that she would listen to get this sorted in the best interests for both of you?.
Best of luck and congrats on your pending nuptuals. My heart went out to you when I read this.!!

 

[markesmith]

Again, thank you SO much for all the advice and kind words. Latest development is that my Dad is getting involved to try and help us sort this out. We will hopefully either agree for one or other of us to do a buy out, and if we can't agree on that we will have to put the house on the market and split the proceeds.

Thank you all for the legal, financial, practical and common sense advice. I really appreciate it.

I'm going to just try and get this resolved as cleanly as possible and move forward with the next chapter in my life. Which will be a happy one, I have no doubt.

 

[firsttimebuy]

I really feel so sorry for you after reading your story. I have recently bought a house with my sister as well, we are both single at the moment but who knows what will happen down the road. Our solicitor had advised us to put an agreement in place should one of us want to get out or get married. Basically the 1st option is that we can buy each other out if either of us can't afford to do this, the 2nd option is selling the property and splitting 50/50. Can I ask did you have any such agreement in place? Also maybe you should speak with your solicitor who you used for the purchase of the house as they really should have advised you to put such an agreement in place, our solicitor was very insistent on us doing this. If there is such an agreement in place I can understand you not wanting to take your sister to court to enforce this as I would not but you father would be able to remind her that she agreed to this in the first place. I hope things work out for you and I also hope your sister realises that all this is not worth it and family are more important.

 

[Joe Nonety]

I presume your husband is allowed stay overnight?
If so then maybe don't get your husband to move in and instead get him to stay overnight every night!