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We are living in the house at the moment paying ESB etc. Does that make any difference?
Well if he's in Canada and you are living in the house it's costing you nothing why worry about it. Stay where you are.
Some of the regulars on here might recognise my story, and wonder why this issue is
still ongoing.
The difficulty is in compelling someone to do something. Court is where these cases have to head and usually settle as , what I call "the light", goes on. People can get very thick about wills and property and until reality dawns, nothing happens.
I have heard people rant and rave about "their own sister/brother" suing them, conveniently forgetting that it is their behaviour that has pushed the sister/brother into a Court situation.
mf
I am not a lawyer. However, I am basically in the same situation as you. Only in reverse. I own a third of a house, (sister owns a third) and brother the other third.
Some of the regulars on here might recognise my story, and wonder why this issue is
still ongoing.
Brother refuses to sell. Sister and I want it sold. It is now ten years, and he won't budge. We tried legal route, only to come to a standstill when we would have to force the issue into court. Barrister fees, were required up front to do this. Forcing ones brother into court is not an easy decision.
Long story, two thousand Euros later in solictor fees and still he would not agree to
sale of the house.
In the meantime, he pays no rent. (lost revenue to us) as it was rented out prior to his moving in. (last tally was 16,000 Euros to me, same to my sister) in lost revenue.
So I guess, in your case, you are living in your house, (but he also ownes half of it)
As long as he does not ask you to pay rent to him, I would say you are ahead.
but if he refuses to co-operate with sale of house, I would say you have to take him to court. (if you can find him) in Canada.
The threat of adverse possession comes into play also for my sister and I.
Two more years and he will be there. (12 Years)
Sad when families are torn apart. Who would ever think this could happen, but it does and way more often than you think.
It looks like its Lawyer time. No joy at all. thanks to all for advice. Quick question though.
Can i retain the lawyer that is currently dealing with probate and handling the estate etc. I believe the Lawyer is excellent and trustworthy and would really like to use him to proceed with the necessary.
This lawyer was working on the deceased estate, valuing assets, revenue return etc . Surely when probate is done and dusted I can retain him
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