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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33037
Experience:  Over 25 years experience in law
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I was hoping advice regarding our family home. The

Resolved Question:

I was hoping for some advice regarding our family home. The home I grew up in. My mother passed away six years ago and my father remains in this home. He now has a new partner who I believe is able to stay in the home for a certain period of time in the event of his death. I don't see this as a problem. However I have a sister who has insisted to a number of people (not me) that one day she intends to make this house a home for her family. I feel I have been forgotten in all of this. I live a long way away due to my husband's work and would like to speak to my family regarding this but last time I tried I was accused of wanting money and wishing my father dead! This could not be further from the truth. I just want to be sure that in the event of my father's passing, I am treated equally for the sake of my children. I would want to be able to take my share of the family home without causing upset or dispute but I can't approach anyone in my family about this. I feel bullied in to accepting my sister's decision. What is my legal right in this matter? I thank you in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
What rights does your sister have to the house?
Customer: replied 1 year ago.
As far as I am aware none at this moment in time. I would hope that on my father's passing he would leave an equal share of what he has to myself and my sister. However she plans to just move her family in to the home as soon as she can and live there I assume until it suits her. Can I force the sale of the house as this would suit me better. She already has a family home, I do not as my husband is in the military and any equity would really help our future. I feel I am in a position to not ask what would happen on the event of my father's death. He is thankfully alive and well, but I fear for my position on his death. My sister is a very strong character who is likely to force what suits her at my expense. I would just like to know my legal position before the circumstances arise. I hate the thought of a family feud.
Expert:  Thomas Judge replied 1 year ago.
On the basis that the property is left to both of you without condition then you would be able to force the sale of the property for a distribution of the asset unless of course she agreed to buy out your share. I would try and actually ask your father what his intentions are? I hope this helps. Please rate positive.
Customer: replied 1 year ago.
Many thanks. Final question. Would she be able to live there for the rest of her life, which I think is her intent, and refuse to sell and release my share until such a time? For the sake of my family this would be unfair. Assuming we are given equal status I can force the sale soonest?
Expert:  Thomas Judge replied 1 year ago.
No. The property would be sold unless she agreed to basically buy you out on the presumption that the property was left to you both jointly and without conditions. Please rate as promised. Thanks
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