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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10631
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I lived with my mother in her house from 2007-2010 and then

Resolved Question:

I lived with my mother in her house from 2007-2010 and then she died. Under her will, she left the house to my sister and myself as tenants in common. We drew up a deed of trust to allow me to continue to live in the property which expired in 2013. From 2014 to one month ago my sister lived with me after walking out of her marriage. She left a month ago to live with her new boyfriend and demanded her share. She has issued me with a 6 week notice under the deed of trust and if I do not come up with her share, she will obtain a court order to sell the property. Can she evict me from the property? How does a court order work - will it take weeks or months? will the court make me leave if I have nowhere to live?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid that your sister does have the right to apply to the courts for an order for sale under the Trusts of Land and Appointment of Trustees Act in order to claim her rightful half share of the property.The courts have the power to make an order for sale based and from what you have told me, an Order would be made in favour of your sister- she is entitled to her half share, and was indeed entitled to it upon your Mother's death, if it had not been for the Deed of Trust.

Your Mother's Will should really have included a provision allowing you to remain in the property for as long as you wish, if indeed your Mother had wanted this, but as no provision was included, you will have no defence in any proceedings issued by your sister.

As regards ***** ***** can take anything from 4-8 weeks for an Order to be made.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Joshua :

If you cannot agree then an application to the courts is necessary. You have the right to require her to buy out your share or that the property is sold. If she is living there on her own you have a right to be paid occupation rent to compensate you for her exclusive occupation of the property.

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

If I can't raise a mortgage, can I offer her rent to be offset against her share and does she have to accept it or can she refuse and still demand a sale?

Can i be forceably evicted from the house?

Customer: replied 2 years ago.

If my sister does go ahead and get a court order, could I physically be removed by court bailiffs from a property I legally half own and am paying the bills on? What about squatters rights ???

Also, as I've said I'm having difficulty in raising a full mortgage, if I offer my sister a lump sum plus amounts at fixed future dates plus rent to pay her half, can the court force her to accept it or is it at her discretion?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

If you can't raise funds to buy your sister out, she can demand a Sale as opposed to you offering her rent. Obviously, if you can come to an agreement with your sister whereby you pay her a proportion now and the balance later, without it getting to Court, that would be fine.

If you refuse to vacate following any Order for Sale, your sister would have to go back to Court and get the bailiffs to evict you.

Kind Regards

Al