Problem with a joint house ownership

J

JJWilde

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Myself and my sister received each a share in the house of my recently deceased mother. So we are joint owners. My sister currently lives in the house and wants to stay there. She is married and has two children. I want to sell the house so we can share the proceeds equally and get on with things. My sister is not in a position financially to buy me out of my share. Unfortunatly our relationship has broken down and she is now saying that the house if their 'family home' and they cant be asked to leave.
I know I can theoretically apply to the court under section 31 of the land reform and conveyancing act 2009, but if its a family home with children involved would I be wasting my time ?
 
I don't think you're wasting your time. You own a 50% share and she can't buy out your share - can she get a mortgage?. Unless you're ok with revoking the share you're entitled to it - family home/ kids or not. When you say she currently lives in the house , how long is she there - before your mum died?

But you need legal advice - I'm just saying stuff that seems obvious to me. But this kind of thing happens all the time and solicitors can advise properly.
 
Why not tell her that as she won't sell it, you'll be moving in to your half of the house in the new year. Then move in and make her life hell! :p
 
Last edited:
Pinoy adventure said:
What does the will say ?
Who is dealing with the will ?
What does your solicitor say ?
Click to expand...
Will says basically mother left house in equal share to us both, no specific conditions
Probate has been dealt with, solicitor was executor and transferred title to joint names
I have an appointment to see my solicitor Monday. I just came here to see what people thought about it
 
Its not her family home within the meaning of the relevant Act.

You will need to start proceedings to evict.

With any luck, starting proceedings will be enough to get her moving to either buy your share or move out so property can be sold.
 
I would second the above. The Family Home Protection Act she is likely referring to is to protect family homes in a spousal relationship. This situation is different, you are joint owners of a property and not married to each other.
 
I would like to thank all who have posted above. Its a real weight off my mind and will certainly help when I speak to my solictor on Monday.
 
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