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Siblings not agreeing about what to do with an inherited property can be a difficult and stressful situation, at what can already be a tough and emotional time.
In this article, our experienced team of financial advisers at PIL Southampton explains what your rights are if you find yourself in this predicament, and what you can do about it.
If one sibling wants to keep an inherited property and their sibling/s want to sell it, you can apply to the courts for an ‘Order for sale’.
An Order for Sale is something you apply to the courts for, to force a sale of an inherited property, with the proceeds then being divided according to each beneficiary’s share.
However, it’s worth noting that there is no guarantee that your application for a forced sale will be successful.
Using the Trusts of Land and Appointment of Trustees Act 1996, the court will review your family’s situation and consider various facts including:
If the inherited property is being lived in as a family home, with dependants under 18, the court will make sure the family has another property to move into if a forced sale is granted.
Pursuing a court Order for Sale is a big decision and something that should be thought about very carefully before you do. It can be very damaging to family relationships and costs thousands of pounds in legal fees too.
A solicitor might be able to help you to decide whether this is a route you would like to take, advising you on whether they think you have a chance of being successful with an Order for Sale based on your family’s circumstances.
Sitting down and talking things through can seem daunting when emotions are running high, but it’s definitely worth giving it your best effort.
If you can resolve your disagreement about what to do with your inherited property, without having to go down the legal route, it is likely to be less stressful and would certainly save you all a significant amount of money that could be better spent elsewhere.
You might have tried talking before, but maybe it wasn’t at the right time or in the right environment, or perhaps people’s judgment was clouded by grief, uncertainty or fear.
Try to understand your sibling’s point of view – do they not want to sell for financial reasons, practical reasons or are they not emotionally ready to let go?
This is an important conversation that shouldn’t be rushed so try not to raise the subject in an impromptu phone call. Schedule a proper sit down or video call and keep the conversation calm, with no accusations and raised voices if you can.
If a proper conversation still leaves you in a stalemate, using a mediator can be a really effective way to facilitate a neutral, structured discussion where both sides can share their feelings and wishes.
A mediator can help you to look at various options without taking sides, and guide you to come to a practical agreement.
Getting the property valued is an important factor. Knowing what figures you are dealing with is probably going to be a key part of resolving your disagreement – giving you clarity on how much would be needed to buy out the sibling, how much of a mortgage might be required, or how much rent you could get from the property.
One of you might have unrealistic expectations about the property’s worth; when you know the financial facts it might change people’s minds about the situation.
When you know the figures, it’ll give you the opportunity to look at your options regarding buy out, renting and potentially delaying the sale for a while.
This article is only a guide and we would always recommend that you seek advice from a legal professional before making any decision or taking any action.
When you are looking at your legal rights when you and your sibling/s have a dispute about what to do with your inherited property, the first place to start is the will.
Ideally, there will be a will and it will contain clear and specific instructions regarding the deceased’s wishes about who they want to own and live in their house. If the will does not contain specific instructions about who should own and live in their house, it is left to the beneficiaries of the will to decide what to do.
Next, check whether you and your sibling/s are joint tenants or tenants in common as this will affect how the inherited property will be divided. If the will doesn’t include this information, you can use the Land Registry’s Property Service, paying £7 (at the time of writing) to download the title register.
If you are ‘joint tenants’, this means that all tenants collectively own the property and must come to a joint decision about what to do with the house.
All joint tenants need to provide their written consent in order for the sale to go ahead and, if one joint tenant dies, their share of the property is passed on to the other joint tenant/s through the right of survivorship.
When the property is sold, the proceeds of a sale are divided equally between all parties, unless the will stipulates otherwise.
If one sibling refuses to sell, it is possible to apply to change the ownership structure from joint tenants to tenants in common – a process called severance of joint tenancy. This will then give that sibling the opportunity to apply for a forced sale if they so choose.
With a tenants in common ownership structure, ownership is not necessarily equally divided; each tenant owns a defined percentage share. For example, if there are step or half siblings, they may own a smaller share than biological siblings.
Each tenant can sell their share to another sibling or to a third party, although it is unlikely that an outside party would want to share ownership of a property with what could be strangers.
If everyone agrees to sell the property, the proceeds are divided according to the percentage share of the property they own.
As we highlighted earlier in this article, resolving your dispute amicably, with mediation if it’s helpful, is always going to be a preferable outcome to resorting to the legal route.
If all else fails and you feel that taking legal action is necessary, the first step is brief a solicitor to send a ‘letter before action’. This spells out your intention to sell and details your legal right to do so through the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
This process gives your sibling a final chance to resolve matters voluntarily, before you proceed with an ‘Order for Sale’.
Sending a legal letter often leads to a sibling being more willing to negotiate.
If you reach a stalemate about selling the inherited property and it doesn’t look like a court Order for Sale is a viable option, or a route you’re willing to take, there are other options you can consider.
Asking your sibling to pay rent
If your sibling is living in the inherited property and is refusing to sell, you could ask them to pay you rent. This might be a way for you to benefit financially in lieu of receiving funds from the property sale, at the same time as giving your sibling time to adjust to the situation and move on.
If your sibling isn’t living in the inherited property but is attached to the home for sentimental reasons and isn’t ready to sell, they may agree to the property being rented out, giving you an income that you could split between you.
More than one sibling could live in the house together, so you both/all benefit financially from living rent-free in a home.
The sibling who is refusing to sell could buy out their sibling/s, paying them the amount they would receive if the property was sold. If they would need a mortgage to finance this, an independent mortgage adviser like our team at PIL Southampton could help them to find the best deal for them.
Our friendly team of financial advisers has many years’ experience supporting clients through this type of situation. We can help you to navigate the process and will aim to give you the best possible advice to suit your individual circumstances.
You can email us, fill out the contact form on our website or call us on 02380 668407. We look forward to hearing from you.
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