Removing Sister from a joint ownership property?

Removing Sister from a joint ownership property?

10:13 AM, 27th April 2021, About 3 years ago 65

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Hi Guys – My sister and I were left our mothers house several months ago and my sister is refusing to sell the house or pay the utility bills and is living in the house by her own choice and without my permission.

I am now receiving threatening letters from the gas and electricity company over non payment as they have been put into my name.

I’ve read a couple of articles about landlords rights as with regards to disconnecting supplies and having their hands tied. As I am receiving no rent and there is no tenancy agreement, then can I request to have the gas and electricity supply cut off?

Thanks
Harry


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Harry Trump

10:12 AM, 28th April 2021, About 3 years ago

Reply to the comment left by Crossed_Swords at 27/04/2021 - 22:23No joint names, The estate is still going through probate of which we are both executors, but I have been doing all the legwork...

MargaretM

11:11 AM, 28th April 2021, About 3 years ago

Reply to the comment left by Harry Trump at 28/04/2021 - 10:09
I wasn't thinking that is something the poster should do. He needs to create a scenario where his sister starts to need to cooperate with him. If she has sold her own house she could surely offer to buy his half either outright or by arrangement.

Crossed_Swords

20:58 PM, 28th April 2021, About 3 years ago

Presumably the transfer was arranged by a solicitor and presumably you agreed to it. If you wanted to sell why did that happen? I would go and ask him what the next move is. If he isn't a specialist (probably not) then maybe he can recommend someone.

Harry Trump

21:50 PM, 28th April 2021, About 3 years ago

Reply to the comment left by Crossed_Swords at 28/04/2021 - 20:58
Sorry but when I say Joint ownership - what I mean is that the house was left to the both of us and no transfer of ownership has been done.

Crossed_Swords

22:52 PM, 28th April 2021, About 3 years ago

So is it still in your mother's name then? Awaiting probate?

Harry Trump

23:01 PM, 28th April 2021, About 3 years ago

Reply to the comment left by Crossed_Swords at 28/04/2021 - 22:52
Yes, we were granted probate several months ago.

Crossed_Swords

1:23 AM, 29th April 2021, About 3 years ago

So if you have probate why has the title not been transferred? Because of the dispute with your sister?

MargaretM

8:10 AM, 29th April 2021, About 3 years ago

I think you need to see a solicitor about the probate and whether you can sell without transferring title. Are you both executors?

Silver Flier

9:04 AM, 29th April 2021, About 3 years ago

Given that you're both Executors and Beneficiaries, and you have got Probate - I assume you applied for this jointly as you haven't mentioned a solicitor - you are indeed in a difficult position. Section 50 may be the only way. I found this link helpful as it shows case law: https://www.hughjames.com/blog/how-do-i-remove-an-executor
You are in a stronger position if the house remains in your mother's name until this issue is resolved. She is then a squatter and I suggest you talk to Landlord Action https://www.landlordaction.co.uk/evicting-squatters/
The problem is that you're supposed to act within 28 days of becoming aware of the squatter. You should also ensure that she doesn't try to transfer ownership behind your back.

Harry Trump

9:06 AM, 29th April 2021, About 3 years ago

Reply to the comment left by MargaretM at 29/04/2021 - 08:10
Yes we’re both executors and the transfer of title gets changed when you sell or mutually decide that you wish to keep the property.

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