House Sale

[Noth43]

Hypothetical situation at the moment but I was wondering what happens in this case.
After the death of my Father I inherit a half share in a property along with my sibling. Neither of us wants to sell immediately. I would like to rent the property to a third party, she wants to take up residency with her boyfriend.
Would I have any rights to stop her living there?

[boxtops]

You could come to an arrangement where she could pay you rent for your half of the property?

[Noth43]

When I want to sell when I retire, could I kick her out?

[sandyRoe]

Could she not buy your half from you?

[Noth43]

no, she's skint

[boxtops]

You might like to look into a Life Interest Trust (England), aka Life Renter (Scotland), but better to see a solicitor as to how to set this up..

http://www.stca.co.uk/factsheet_capitaltaxes_1.htm

[sandyRoe]

You could be jumping to conclusions about the inheritance. For example, there are people have great expectations when I go. They're in for a surprise, it's being equally devided between the Sally Army and St Vincent de Paul.

[tamborine]

You either buy her out or sell up & divide the inheritance.

[Noth43]

My parents haven't made a will Sandy
.

[boxtops]

If they've not made a will then your description is indeed hypothetical - the estate would have to go to probate before your sister and you would get anything at all.

[Noth43]

I couldn't raise the money to buy her out either tamborine.

[Noth43]

Boxtops, I thought your children inherited automatically?

[boxtops]

No - if there is no will then the estate of the deceased goes to probate, it's not automatic. Scroll down to "children" - it's quite possible that the house would have to be sold so that you would each get your halves http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

[Noth43]

Why does everything have to be so complicated?
I haven't looked into this at all and I'm clueless. The day is fast approaching when this has to be sorted out and I wanted to know if I could to anything to stop little sis throwing a spanner in the works.

[tamborine]

If you stop your father making a Will then you both will inherit equally.

[bednobs]

well, she has just as much right to say what happens to the house as you, if you are jointly left it. She probably is concerned you will "throw a spanner in the works" too! If you can't come to an agreement, it'll have to be sold

[cassa333]

Even should your parents make a will and left you equal share then (I don't know if you could make her sell or anything) if she were to live there you could ask for your share of fare rent ie: half the going rate. So you wouldn't lose out and she would have a cheaper place to live.

Why would you want to rent to a third party when your sister is in need of housing? If she is down on her luck then wouldn't you want to make sure she was safe and secure? Owning property she would also likely lose any housing bebfit she currently gets as well.

In fact if your sister goes to your parents now and they decide that although you will jointly inhertit the house they might stipulate that she has a life time or set period of time that she can live in the house where you cannot make her sell.

I think you need to talk this through with your parents and sister.

[Barmaid]

Unless she paid you half the market rent, you could apply to the Court for an order. You could either ask for an order that she pay you half the market rent or an order for sale. She has no automatic right to live there - since were she to live there, she is getting an unequal benefit from the estate. I would suggest that if she can't afford to pay the market rent, you either sell the property or you defer the rent so that the rent is paid to you out of her proceeds of sale. However, this would need to be done properly to avoid problems down the line.

If I can also correct a common misunderstanding. "Going to Probate" is something that most estates will need to do - it is not dependent on there being a Will. It is dependent on the value of the estate. Only small value estates or cases where the only asset is a property which is inherited by the surviving joint tenant(s) won't need a Grant.

You get a Grant of Probate where there is a will with executors; you get a Grant of Letters of Administration with Will Annexed where there is a Will but no executors; you get a Grant of Letters of Administration if there is no Will. Generically these are known as Grants of Representation; colloquially they are know as "going to Probate".

If there is no Will, the estate will fall to be distributed under the intestacy provisions - which if the closest relatives are Noth and his sibling, means that they would inherit the house. It is automatic in the sense that this is prescribed by the Administration of Estates Act 1925.

[Noth43]

Thanks cassa and everyone here.
I'm being premature and shouldn't have posted this question. My mother is very ill (squamous cell carcinoma) and my father keeps hinting he'd like to know what's going to happen to the house when he's gone as well.
Of course you're right, its something I have to negotiate with my family. Sorry for being a bit dim posting this.
Thanks to everyone for replying.

[Noth43]

Thanks Barmaid, your reply wasn't there when I posted.
Best answer.

[starone]

My cousin left all of his to the Salvation Army. In his words "I'm not letting that lot (his brothers and sisters) get their hands on it!"