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Kasare
Kasare, Solicitor
Category: Property Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
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My sister and I have been left in my fathers will his freehold

Customer Question

My sister and I have been left in my fathers will his freehold property as tenants in common in equal shares. My sister has lived with my father in his house years. Can I sell my share in the house or force the sale of the the whole house so that the proceeds can be dividided up. Or is she entitled to live there until she dies. If so, does she have to pay me rent half of the house. Any help much appreciated.
Submitted: 2 years ago.
Category: Property Law
Expert:  Kasare replied 2 years ago.
, I will assist you with this.
What does the will say regarding your sister? Is there anything that says she is entitled to live in the property long as she wants?
What does your sister want to do?
Customer: replied 2 years ago.

I give my freehold property to my daughters absolutely as tenants in common in equal shares. (abbrev).

No further mention of anything else regarding occupying the property mentioned in the will.

My sister wants to continue to live there. I have my own house but would like the money if my fathers house could be sold.

Expert:  Kasare replied 2 years ago.
, thanks additional information.
Ok so it is silent on her remaining there long as she likes. So the position is that you both need to make a decision what to do and it is best to try and agree on this as if not you could both end up wasting a lot of money on legal fees which would reduce the estate.
If your sister wants to remain living there, and you agree to this, you could suggest either a) she buy you out of the property (at a fair value - although you could agree to a lower than market value as you would not have agents commission and fees etc) or b) if she can't buy you out, then you could have the property appraised as to the true market rental value and she would have to pay you rent share either indefinitely (if you wish) or set period whilst she sorts somewhere else to live (you would have to declare the rental income and pay tax on this).
If you both cannot agree on the way forward, then I am afraid you will probably end up with a lot of legal costs! As a co-owner "in common" you would be able to force the sale of the property but you would need to apply to court "order .
I hope this answers your question. If you have any further questions please ask. I do have to go offline shortly but I will be on and off throughout the afternoon.
Kasare and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks

Expert:  Kasare replied 2 years ago.
(Sorry reply) You welcome. I hope you manage to resolve this amicably.

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