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.
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.
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?
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?
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.