My last parent died 7 years ago leaving behind a 5 bed detached house. I already owned 25% of this, my sister owns 12% and her husband a further 12%. My sister and husband live in the property along with her 4 sons.My mother left no will, we went to probate and were awarded half each of the house, my sister was to administer this. I am still trying to get her to do so 7 years later.We have spent thousands getting lawyers to write letters etc trying to force a sale, we have tried calling etc etc and nothing has happened. We are in desperate financial trouble and need our half of the house to which we are entitled but can not afford to go to court. Please tell me is there anything else we can do ??
Probate Quotes Probate Disputes
As your sister and husband are co-owners of the property they are entitled to live there (as you are as a co-owner).Should either of you wish to sell the property, and the other co-owner refuses, you would have to apply to the Court for an order to sell the property.The procedure is the same as any co-owner wishing to sell a property against the wishes of the other co-owner (e.g. co-habiting couples splitting up where they own a property together).This is a complex issue, especially if there are young children who might be affected, and we would recommend you need to consult a solicitor or the Citizens Advice Bureau. I appreciate this is not too much help, but you need an aggressive solicitor to get results.HOWEVER, you should also look at the possibility of a claim under the Inheritance Act 1975 as you might precipitate one.The other option is to move in!