Three owners/how to solve this

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trailite

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It has been many years since I posted here regarding my situation. The situation is still the same as it was seventeen years ago. The house in question is in Ireland. I live in North America. Three owners, tenents in common were left an old family house. Two owners live overseas, one lives in Ireland. None of us in the position to buy each other out. Two of us have wanted to sell, now, for seventeen years, the third does not. at this stage, is seeking an order of partition to force the sale of the house our only option. Because I am overseas, that option does not appeal to me due to cost and distance. The house is empty, full of siblings stuff, only being used a few weeks a year by her. (the one that does not want to sell)
I am at the stage now of looking at options to get out of this situation. Is it possible for me to sign over my share of the house (a third share) to my sibling living in Ireland. (she owns a third share also and wants to hold on to that) I would loose out financial wise, but can't handle the stress of this anymore. It would give her my share, and benefit her if it ever sells. Does anyone have any ideas for me. I am a senior, not in the best of health, and will contact a lawyer here, just asking for opinions.
 
Can you sell your share to someone living in Ireland who would move into the house and make it very difficult for the one who does not want to sell?

Brendan
 
I have thought of that, but who in their right mind would take on that kind of situation. The house sits empty, not rentable in its present state. Thanks for your reply.
 
Roughly how much is the house worth?

I know someone who bought out a brother's interest when the sister refused to co-operate. He was a very difficult guy and the sister ended up co-operating.

But the house was probably worth €1m and he got a huge discount for buying into such a hassle. He wouldn't do it again though, as he bought at the top of the market and it took a few years to get the sister to see sense.

Brendan
 
Another case of a bad will which is causing nothing but trouble between owners.
The person refusing to sell knows exactly what they are doing and will exploit the other two if allowed to do so. I would go to court to get your inheritance and don't be walked over. Of course if you could get someone to buy your share it would be another option
They may see it as a long term investment regardless of the awkward owner
 
House was worth a lot more 10 years ago. Now only worth about one hundred thousand, divided by three, after fees, I would say it is worth 30 thousand to me. Not a lot, seeing the harm being left it has done. Just got word since I posted, she may go back,clear it out and put a for sale sign on it. After 17 years of stalling will she if she follows up with this plan. Liability is my main worry. It is insured, but at this stage I want the headache hassle to end. Moral of storey for many families, be wary of leaving house to your children. A hard thing to do when one has two children. Is it best to put in clause that house has to be sold when making my will
 
trailite said:
Is it best to put in clause that house has to be sold when making my will
Click to expand...

Most definitely. I know a family where a house was left to 6 kids, 2 of which don't want to sell. Ridiculous carry on as they all have their own homes. Our remaining parent went into a home and sold the homeplace so we won't have such hassle, thankfully.
€30k is a lot of money. I only hope your sister keeps her word and sells it now. If not I would force a sale whatever way possible.
 
Thank you all for the replies. My head tells me one thing, my heart another. I will give her a few more months, because she did finally contact me to say she would get things ready for house to go up for sale. I will post back then to let you all know the outcome. At least just now, she is replying to my mails.
 
Hello,

For what it's worth, I would suggest you instruct a solicitor to act for you and engage with your sister directly regarding the sale of the house. In the event that the house is not put on the market by X date, I would have your solicitor instructed to commence proceedings to force the sale of the house (assuming she can't and won't buy you out at a fair price).

This sort of thing is morally wrong. You were left a share of the house for a reason and that reason wasn't to be prevented from doing whatever you wanted, with your share of the property.
 
Is there a good checklist of things to do when making a will?

e.g.
1) Don't leave any property to others jointly. Leave it to one person, or leave instructions that it be sold and the proceeds distributed.
 
How about you sign over your share to the sibling abroad. That gives him 2/3, enough to make it worthwhile to fight the sister who is making your life miserable. You get rid of the worry of it, and the bullying sibling, and it is bullying, over time, to not let you have your share, is put under even more pressure.

You can be sure the sibling in Ireland is hoping you will eventually give up. And she nearly has you at that point. Alternatively hire a solicitor in Ireland and force the sale, knowing you will lose most of your 30k but also knowing that you will ultimately not let your sibling win in her ongoing battle with you.

Ultimately it is actually you who is keeping yourself in this mess, by your inaction, I'm not trying to be harsh, but 17 years and you're now going to let another 'few' months slide. You'll be back on here in 5 years in the same mess and older and weaker.

I bet a simple solicitors letter, which doesn't cost a lot, might bring her to her senses. It will also let you know the truth of what she is at.
 
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