when my sister wants to sell the house

[miaashleyrhy]

 my sister and i own a house ,i live in the house pay the mortage but how do i stand money wise .i said to her i will give her a third and i would have two thirds but she says she wants half.the house was signed over to us by our parents so she has not paid anything towards the upkeep .where do is stand on this    mia

[Hgrove]

I think you are entitled to more than half because you have been paying the mortgage, but you will need a solicitor to advise you on your entitlement in view of how long you have been paying the mortgage for, how much money is involved etc.

[Peter Pedant]

yeah I agree with Hgrove.

Try very hard to get a private asettlement and do NOT go to court on somethng like this (more money for the lawyers)

[Mrs_Pegasus]

Also check out a copy if the deeds if you have them, this will indicate whether you and your sister are tenants in common, basically one having a larger share than the other.

Didnt your solicitor advise you when the house was signed over?  In theory she could force a sale on the property anyway to get her 50% out, I agree with Peter, dont take this to a solicitor unless you really have to.

[Maud]

The Entry on the Land Register gives the ownership of the property, nothing else. If there is any uncertainty click this link http://www.landregisteronline.gov.uk/servlet/TitleSearchServlet

and pay �2 to check (don't worry if you do not know the title number, it works with just the address and postcode).

The fact that you have paid for your occupation of the property by making mortgage and other payments does not affect ownership in any way whatsoever. It is just a form of rent, and not one penny of it is recoverable by you from your sister. If the Land Registry Entry shows both of your names in joint tenancy or 50/50 tenancy in common then your sister is entitled to half of the sale proceeds and you have no right to anything more than the other half.

[Didwot]

The first question is on what basis did your parents give you two the house, was it half each or some other basis. The second question is what has happened since. The Lawyers have a thing called equitable accounting which brings into the equation what hte parties have paid, but on the debit side you would be expected to be liable for a notional rent.