Could you explain your situation and a little more detail please including why they will not agree to sell it? Thank you
Your mother died intestate with no spouse and hence the proceeds of her estate are divided equally between children.
You are going to need Probate Letters of Administration to deal with the estate and the sale of the house.
If your brother and sister refuse to agree to the sale of the house you can apply to court for an order for sale to make them sell it and you can ask the court to award the legal costs in respect of the application against them.
It is most unlikely that any defence they have to your application would succeed.
Meanwhile, if anyone is living in the house, you are entitled to one third of a market rent.
The fact that your sister may say it was the family house and it has memories is irrelevant. If there are no dependent children, it is also irrelevant where they are going to live.
If your brother has children under aged 18, the local authority will provide alternative accommodation but not until there is a court order.
Can I clarify anything for you?
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I can still clarify things for you.
It’s a debt. You suein the Small Claims Court.
I did not say they would succeed I said it was unlikely they would succeed. In fact, I think it unlikely in the extreme.
You would claim rent either from the date of death or the date of their occupation if it was later.
You can always ask them to buy you out at the market rate and if they won’t do that, then you make the application to sell.
A good plan. Get a valuation on the property first (better get three) so that you can tell them exactly how much your one third share is. You make what is known as a Part 8 application.
The threat of the application and costs will carry more weight from the solicitor.
If they deliberately refused to deal with this or put their head in the sand, it is going to cost them several thousand pounds in legal costs.
The application is made to the County Court or High Court.
I apologise for the delay. I didn’t get notification of your posts on 2 September.
You on one third of the share of the house and you are entitled to come and go in it as you like which includes valuations. If you physically will not let you have the property valued, and apply to court for an injunction to make her would do as part of the application for the order for sale.
The same goes for having a key. Yes, you are entitled to that as you are one third owner even if they are living in the property. Remember, they are liable to pay you an occupational rent in respect of your one third which they are occupying and you are actually entitled to move into the house with them.