# My sister wants to sell the family home, but I don't



## WicklowMan (24 Aug 2010)

Hello everyone,

Apologies to Admin. if this is in the wrong place. My father passed away 3 months ago and despite 5 or 6 trips to his Solicitor to make a Will, it seems there's no will. There is one other sibling who says "money" and "talk to my solicitor" a lot. I'm sentimentally attached to the house, having lived alone there with the man for 16 years.

I'll try and keep this brief as possible. In 2002 I bought a renovation property in Tipperary. Even with the recession, it's worth x3 what I paid for it, but is not quite finished and so that's not the best for selling. It's in a priceless location with priceless features, and the original plan was to market it as a holiday home ... slow burner, basically. 

My father's house - of which I'm half owner - is in Bray, and it's been valued at 265k. I think that's way over myself, 240 would be more in line with the condition. According to my solicitor, I comfortably have a year before anything is forced in terms of sale. As it's where I grew up, I want to keep a foothold in the area. Sorry, I know it's sentimental but there you go.

I am currently unemployed and don't fancy my chances of getting anything from Banks. I fancy my chances of getting a job, but not at the wage my line of work (Graphic Design) used to pay. Thinking about this the other day, something struck me. Property is a dirty word these days, but I have one worth x3 what I bought it for, and the other (my father's) which is damn near as rock - bottom as it's ever going to get.

Okay, magic - wand time. In order to get my sister off my back, I need 130k. Actually I'd be more inclined to offer 115-20k. I don't care if I end up not living in my father's house, as long as I retain half ownership with an option to buy (this would have to be strongly legally bound obviously). I don't want money out of the house, I can look after myself and my own place.

In short, if the house sold I'd be wandering around with a bit over 100k. and looking to invest in property. Before anyone says it, no, I'm not losing the run of myself on that score. I am well aware that the days of the property dream are gone. This is about the thing ticking over and supporting itself to an end - not liquid finance and mad rent. I am a believer in property - at a sane level - being a good investment. As I see it presently, selling either would be incredibly negative in today's market.

Basically what I need to do is replace my sister with someone less feverent for money and with a buy - back option + commission. Can anyone think of a way of working this in a logical fashion? I was thinking in terms of renting my father's house, in a partnership with someone for a set period. I don't mind if I'm out of the place for 15 - 20 years. It's got to be a good deal for someone? 

Any advice much appreciated.

Thanks in advance,

Tony.


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## PaddyBloggit (25 Aug 2010)

When I read your post Tony I hadn't a clue what you were on about.

But anyways .... here goes:

First things first .... park your emotions at the door. Finances and emotions are a bad mix.

You're unemployed, you can't afford to buy your sister out so the house will end up being sold.

Take the money, and rent. Do up the property in Tipp and go live in the priceless location ... mortgage free and with the property renovated.

Get a computer, internet access, advertise your graphic design services on elance etc., earn some cash and live the simple life.

Be happy with the good memories you have from Bray but look to the future.

That's my tuppence worth Tony!


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## WicklowMan (25 Aug 2010)

Thanks for the reply Paddy. 



PaddyBloggit said:


> When I read your post Tony I hadn't a clue what you were on about.



In short, need to dispense with twitchy sibling (not in a bad way ) and buy time. Not fussed about making money out of it for a very long time. In the overall view, not economically a good time to do anything anyway.

I've realized I'm not in a position to do anything realistically, I'm more so trying to look at this from a cold business perspective ... and trying to see if there's a way of doing something in that line.

Financial advisor had recommended renting to the council on a 5 year thing, but I'm afraid it's "talk to the hand" re: the other party (ie: sister) Basically if she doesn't see money that's that.

Thx,

Tony.

PS: Internet connectivity is a joke in Nth. Tipp!


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## PaddyBloggit (25 Aug 2010)

I reckon you'll have no choice but to sell if she so adament that she wants money immediately.

I have a do upper house in the sticks in Kerry and I've got a mifi from 3 for when I'm there. Great speed and it's pay as you go. €35 per month for a 30 gig allowance ... more than enough.

More info here: [broken link removed]

so broadband shouldn't be an issue.

Approach her about the renting, if she says no then you'll have to face the fact that the house will be sold.

From a cold business perspective ..... you don't have many options.

Your ace in the hole ... the house in Tipp.  .... I still think you should make it your part of Paradise!


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## vandriver (25 Aug 2010)

If you already own half the house,then is your fathers estate not half the value of the house?So dont you owe your sibling closer to €60k ?


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## Brendan Burgess (25 Aug 2010)

The reality is that you can't afford to own two homes.

What is more, you can't afford the risk of owing two homes.

Decide which one you are most emotionally attached to. If Tipperary is the holiday home, put it on the market. 

Your sister's insistence on selling might play into your hand. Put it on the open market. When she is ready to accept an offer, then you can buy it. 

Talk to your solicitor about bidding for it anonymously.  To be able to pay for it, you will have to sell Tipperary.

Brendan


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## mf1 (25 Aug 2010)

It's not clear from the post. I suspect OP is half owner of the property by virtue of a will leaving each of two offspring one half. So that is how he is now a one half owner. If he already owned one half, the figures would be different. 

mf


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## Redstarlet (25 Aug 2010)

Did you and your father hold ownership of the house as joint tenants or tenants in common?


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## JoeB (25 Aug 2010)

I think your post is quite clear in the main,... although there could be some confusion over exactly how much you own, .. I'd agree with mf1 trhat you likely own 1/2 due to inheritatence.

I'd agree with Brendan too.. you should try to sell Waterford, then you'd have a great chance of being able to buy the Bray house. 

No will could be a problem.. maybe some other people may have a claim on the estate.

Another implication may be that you are living in the house... so maybe you'd be liable for rent to the estate. On the other hand, maybe you'd be in a stronger position as regards a forced sale as you live there... it might be that a court would prefer that you stay there if at all possible, rather than forcing a sale which you don't want. But you need about 70K to 80K I'd imagine to be in a strong position.

I think you need professional advice, the sooner the better.. money well spent really as this is a very important issue for you.

I'd never heard of Brendans ideas that you could bid in secret for the house.. it may well work, but perhaps it wouldn't be legal as it could be considered false bidding or some such as you are also the seller.. (ok, you may not technically be the seller, but you do stand to benefit from the sale)


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## WicklowMan (25 Aug 2010)

Thank you very much for the replies. Sorry if the OP was a bit unclear.

Long story short, my father passed away 3 months ago. No sign of a will anywhere, so my solicitor put the skids under me to get appointed Administrator / executor of the estate (now in the works) Given that my sister is very "eager", his advice was that if she became executor of the estate, a premature sale could be forced.

I've lived in the house since 1987, and own half as things currently stand. No other relatives have a claim apart from my sister.

Regards,

Tony.


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## JoeB (25 Aug 2010)

WicklowMan said:


> No other relatives have a claim.



Is this because there are no other relatives? If other blood relatives exist I'd imagine they would have some sort of a claim, but I really don't know. This might include your Aunts and Uncles on your fathers side, and possibly even your cousins, on your fathers side.


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## Mrs Vimes (25 Aug 2010)

In cases of intestacy only spouses and children have a claim, not cousins, siblings, parents. That is where there are a spouse and/or children, otherwise the siblings, etc get the estate.
It sounds like op's mother is already dead?


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## WicklowMan (25 Aug 2010)

Brendan Burgess said:


> The reality is that you can't afford to own two homes.
> 
> What is more, you can't afford the risk of owing two homes.
> 
> ...



Many thanks Brendan.

You know as an aside, I can see it sitting for a long time anyway ...  there's a turnkey place a few doors away with every mod con you can  imagine for 285k which I've been told is privately well dropped from  that, so 265k. for this house needing modernizing is some stretch ...  especially considering the former ( turnkey ) has been on the market  since Christmas!

I think the basic story is, failing an ability on my part to buy the  other half (quite likely) it's going to go for an indecent price. I  guess that's getting me more than anything. Appreciate the replies, it's  always interesting to get outside opinions as I'm too emotionally  involved in the situation ... am well aware of it too.

I like the anonymous idea, it's food for thought.


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## WicklowMan (25 Aug 2010)

Mrs Vimes said:


> In cases of intestacy only spouses and children have a claim, not cousins, siblings, parents. That is where there are a spouse and/or children, otherwise the siblings, etc get the estate.
> It sounds like op's mother is already dead?



Sorry, should've clarified that. My mother is dead as well.


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## WicklowMan (25 Aug 2010)

JoeBallantin said:


> Is this because there are no other relatives? If other blood relatives exist I'd imagine they would have some sort of a claim, but I really don't know. This might include your Aunts and Uncles on your fathers side, and possibly even your cousins, on your fathers side.



I can't say 100% Joe, best I can say right now is it's _unlikely_. Then again, when these things open up it's like the cross - eyed Javelin thrower analogy ... the result can go anywhere!


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## WicklowMan (25 Aug 2010)

Redstarlet said:


> Did you and your father hold ownership of the house as joint tenants or tenants in common?



I basically lived at the house on the face of it 'Rent free' but paid bills in lieu. My father was 100% owner (mother passed away) I didn't keep vast records of my contributions (though I do have some). In the latter years I would have been more so a carer as he became more and more ill. I have done extensive work in the house / most of the furnishings etc. bought by myself but afaik that doesn't count for a hill of beans in the final analysis.

I should have mentioned also that my sister moved out in 1993.

In short, I have to be careful because my sister is highly legalistic and if this gets out of hand neither of us will own much ... and we all know who the only winners are in family disputes. Without going into a rigmarole, my sister feels hard done by because my father "bought" me a house (the one I'm paying for the past 8 years). You get the picture!


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## Brendan Burgess (25 Aug 2010)

WicklowMan



> I've lived in the house since 1987, and own half as things currently stand.



This is very confusing, so before we discuss any further, could you please clarify which of the following is correct.

A) Your father owned the house 100% and you and your sister are now entitled to 50% each. 

or

B) Your father and you jointly owned the house. 
You are now entitled to 50% of his share, so you will own 75% of the house.


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## Billo (25 Aug 2010)

"Without going into a rigmarole, my sister feels hard done by because my father "bought" me a house (the one I'm paying for the past 8 years). You get the picture!"

Why indeed ? This is all very confusing.


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## WicklowMan (25 Aug 2010)

Billo said:


> "Without going into a rigmarole, my sister feels hard done by because my father "bought" me a house (the one I'm paying for the past 8 years). You get the picture!"
> 
> Why indeed ? This is all very confusing.



The contradiction in the previous statement is intentional. My sister is jealous that my father (in her view) bought me a house (the fixer - upper in Tipperary) when in fact I bought it myself. He helped me out and would've helped her too if he'd seen much of her in 17 years, but he didn't "buy" me anything. Everything on her part seems predicated on this laughable misconception / bitterness.



Brendan Burgess said:


> WicklowMan
> 
> 
> 
> ...



As previously stated my father owned the house 100% and I am entitled to 50% as one of two next of kin (siblings)

Regards,

Tony.


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## WicklowMan (2 Sep 2010)

Hi everyone,

Okay, been doing a lot of thinking on this since last posting. The most obvious / straightforward solution would be to sell my own place to finance buying out my sister's half of the house in Bray ...

Being realistic, I'm not going to get the required loan to buy her out (ballpark 130k.) so I sat down with a pen and paper and drew up a financial 'snag list' if you will.

It eventually dawned that there are two main problems here (apart from the fact that selling neither is a particularly good idea at the moment). 1/ I can't get credit and 2/ She wants to sell asap and I don't. As simplistic as it sounds, writing stuff down in a list helps the clarity no end.

I then began looking at where I stand. I'm willing NOT to live in the house medium - term, and would in the event of sale be looking to buy back in Bray anyway. As the proceeds would not cover this, I would end up as a joint owner with someone else (at a guess my credit rating is screwed for 5 years).

I haven't quite worked out the detail, but on the face of it how about getting someone to buy out her half? A few of my friends have advised against this, but believe me it couldn't be any more a disaster than my sister being joint owner!

Can anyone contextualize this for me? Are there many people willing to buy half a property? I wouldn't have a problem with someone buying in with me, the two of us renting it out for 15 - 20 years. Obviously though, it'd have to be an attractive proposition to another party. 

Thanks in advance,

Tony.


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## Mrs Vimes (2 Sep 2010)

Even if you found someone willing to buy 50% of the house and accept 100% of the rent you are then getting into the tax implications of gifting a legal stranger the 50% of rent you would be entitled to. I'm thinking they would be subject to CAT on the 450 pm you would be gifting them (or income tax if Revenue take the view that you are paying them for the right to keep 50% of the house) which is a tax bill of 1,350 a year.
They would roughly break even for tax purposes on their half but if interest rates rise they would be losing money.
You would also be at the whim of any financial institution they default on repayments to which chooses to get a judgement mortgage on the house and could even force a sale.
In short, not a runner.
Sybil


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## PaddyBloggit (2 Sep 2010)

I think you'll have to face the fact that you'll have to sell.

You haven't the funds to buy out your sister. She wants the cash so selling is your only option.

Sentimentality won't solve it for you.


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## putsch (2 Sep 2010)

Put it up for sale and if you get a half decent offer take it.  This may not be what you want to hear but its the only option you have.

I was involved in a family situation where one brother wanted to hold on to property for sentimental reasons while all the rest (& and there were quite  a few!) wanted to sell - not through lack of sentiment or not caring for parents but purely through economic need - we sold - it was the right thing to do. Even the outlier now agrees.

Getting involved in the kind of schemes you are thinking of is pure fantasy and a recipe for disaster.


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## WicklowMan (3 Sep 2010)

PaddyBloggit said:


> You haven't the funds to buy out your sister. She wants the cash so selling is your only option.



Possibly so. Possibly not so.



PaddyBloggit said:


> Sentimentality won't solve it for you.



I have no idea what you mean by that. There's nothing wrong with sentimentality - which prevails even amongst people who say things like "sentimentality won't solve it for you". Could we get past this please? This is the danger with divulging anything of a personal nature on forums: I'm looking for advice on the issues, not bizzare assumptions about my personality. Thanks.


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## WicklowMan (3 Sep 2010)

Mrs Vimes said:


> Even if you found someone willing to buy 50% of the house and accept 100% of the rent you are then getting into the tax implications of gifting a legal stranger the 50% of rent you would be entitled to. I'm thinking they would be subject to CAT on the 450 pm you would be gifting them (or income tax if Revenue take the view that you are paying them for the right to keep 50% of the house) which is a tax bill of 1,350 a year.
> They would roughly break even for tax purposes on their half but if interest rates rise they would be losing money.
> You would also be at the whim of any financial institution they default on repayments to which chooses to get a judgement mortgage on the house and could even force a sale.
> In short, not a runner.
> Sybil



Thanks a lot for the insight. Having done a bit of research lately it would appear that prices have dropped like a stone in the past 3 months: either that or whomever I was talking to before was on the extreme margins of reality. Probably not the best time to sell, and I can see the place easily being on the market for a year.

Incidentally, I wonder what happens if the valuation price is nowhere near being reached? She seems to think the place is worth 300k., so if she digs her heels in on that and this drags on a couple of years I'm afraid that existing creditors could force a sale?


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## PaddyBloggit (3 Sep 2010)

When I talk about sentimentality I use it in the sense that the heart rather than the head is dictating your approach - my point is that you simply don't have the money to buy your sister out and you don't have any way of getting that money.

If you go by your head ... you'll sell.

In your original post you say:

_<snip> I don't care if I end up not living in my father's house, as long as I  retain half ownership with an option to buy. I don't want money out of the house,_ <snip>

..... that's where I see the heart ruling the head. You have to look clinically at your situation ... and looking at yours .... you can't afford the house unless you sell the other one.

Either way .... best of luck with whatever you decide.

You have my two cents. I'll leave it at that.


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## Brendan Burgess (3 Sep 2010)

WicklowMan said:


> I haven't quite worked out the detail, but on the face of it how about getting someone to buy out her half? A few of my friends have advised against this, but believe me it couldn't be any more a disaster than my sister being joint owner!
> .



Hi Wicklow Man

I am astonished that none of us came up with this solution before. In fact, I went back over my posts to check I had not suggested it! I can only assume I was confused by who owned what. 

Obviously the ideal is that you buy it yourself, but getting someone else to buy her share is certainly an idea. Not easy to find someone, but well worth trying. 

I know of a case where a brother and sister inherited a house. He badly needed money. She refused to sell and refused to even discuss it.  I don't know the full story, but he would have needed to go to the High Court to force through a sale eventually. A friend of mine heard the story and bought the brother's share at a huge discount to its real value and decided to toughen it out with the sister. While it was a great stroke, given the discount he got, they have just recently agreed the sale of the property and he has just got his money back.


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## sal_79 (3 Sep 2010)

Someone coming in to buy out her own half is what Wicklow Man suggested in his first post when he said:
" Basically what I need to do is replace my sister with someone less feverent for money and with a buy - back option + commission. Can anyone think of a way of working this in a logical fashion? I was thinking in terms of renting my father's house, in a partnership with someone for a set period. I don't mind if I'm out of the place for 15 - 20 years. It's got to be a good deal for someone?".

Maybe the title thread should be changed to - Is there anybody out there who wants to buy a half share of a house in Bray?


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## Brendan Burgess (3 Sep 2010)

Hi Sal

Thanks. That's probably why I didn't suggest it, as it had already been suggested!

Brendan


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## truthseeker (3 Sep 2010)

I cant honestly see why anyone would want to buy half the house. The OP does not want to sell his half at all, he just wants someone else to own the other half for as long as he cant afford to own it himself. If someone bought the other half and some way down the line wanted out of the situation and the OP still wasnt in a position to buy them out, then the same situation would be back again. Why would anyone realistically want to put themselves in that position? The sale or not of the house is always going to be dictated by the OPs emotions, and getting into a business agreement with someone making emotional decisions is a bad idea.


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## WicklowMan (3 Sep 2010)

PaddyBloggit said:


> You have to look clinically at your  situation ... and looking at yours .... you can't afford the house  unless you sell the other one.



Thanks Paddy, in fairness I'd probably say the same thing to someone  myself on reflection. A lot of sh ... stuff going on at the moment,  apologies for being somewhat curt.




truthseeker said:


> The sale or not of the house is always going to be dictated by the OPs emotions, and getting into a business agreement with someone making emotional decisions is a bad idea.



I can see your point and normally I'd agree but as far as I'm concerned the sale of the house as it currently stands would be disasterous on both an emotional and financial level.

There are of course a lot of unanswered questions ... basically I'm working off the following logic. As a creative type, every good thing I do normally has a catalogue of rubbish behind it. You wade through the no - brainers and eventually arrive at something good from the process. In other words, I'm not purporting to come on here with a good idea / ideas, but rather am processing through everything - daft as it might read.

Thanks.


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## T McGibney (3 Sep 2010)

Hi WicklowMan, 

I don't expect you to answer this directly, but it seems to me that this problem might well be best resolved through discussion and negotiation with your sister, with the aim of achieving a mutual understanding of each other's positions in relation to the property, and through that arriving at a mutually satisfactory outcome.

Maybe this idea is hopelessly optimistic, but if there is any remote chance of success, it might be worthwhile setting up some sort of mediation mechanism, perhaps through an independent third party or mutually respected go-between. 

Good luck with it anyhow and I hope it works out for you.


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## noel_c (3 Sep 2010)

WicklowMan said:


> I can see your point and normally I'd agree but as far as I'm concerned the sale of the house as it currently stands would be disasterous on both an emotional and financial level.


I think unfortunately *Truthseeker* was spot on. You have to ask yourself why a business partner would want to take on your sister's share. Even if this was still the bubble it doesn't sound like a great deal for them. You understandably will have an emotional attachment but for them it's a business arrangement. What if they need to liquidate in 3/5/10 years and you aren't in a position to buy them out? What if they want to alter the property in a way that you don't like? Also not many investors are going to be confident of capital appreciation in this market. What seems like an indecent price this year might seem quite reasonable in years to come.

There is another possibility here. Your sister may insist on putting the house on the market. And it simply may not sell or at least receive offers acceptable to either of you in this climate. At that point your sister may be more open to other options. Ofcourse no guarantee this scenario will happen.


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## WicklowMan (4 Sep 2010)

T McGibney said:


> Maybe this idea is hopelessly optimistic, but if there is any remote chance of success, it might be worthwhile setting up some sort of mediation mechanism, perhaps through an independent third party or mutually respected go-between.



Thanks McGibney,

No, some good thinking there. I think the mediation could end up being a viable option ... it wouldn't be the first time either. Unfortunately there's another complication - her partner. He's pretty much backseat driving the whole thing. When the dust settles it'd make a fantastic episode of Melrose place! Seriously, I sometimes have to pinch myself ... talk about a strange situation.



noel_c said:


> I think unfortunately Truthseeker was spot on. You have to ask yourself why a business partner would want to take on your sister's share. Even if this was still the bubble it doesn't sound like a great deal for them.



Quite true, that really is the clincher ... how to package it in a way that's genuinely of use to both parties. I've far from figured that one out. I do have a friend who has a pub / commercial premises and a couple of houses that have paid themselves off through rent. He's no fool having done most of his work back in the 1980's, so I think I'll be giving him a shout soon. 



noel_c said:


> What if they need to liquidate in 3/5/10 years and you aren't in a position to buy them out? What if they want to alter the property in a way that you don't like? Also not many investors are going to be confident of capital appreciation in this market. What seems like an indecent price this year might seem quite reasonable in years to come.



On the first point, it's probably one thing I don't have much control over - it's down to chance. What I can say is that I'll be on an even keel or dead trying. Regarding values I agree. I'm hoping - and hope is the word - that some semi - reality will enter the market over the next nine months or so. Otherwise it's very hard to see it happening at all.



noel_c said:


> There is another possibility here. Your sister may insist on putting the house on the market. And it simply may not sell or at least receive offers acceptable to either of you in this climate. At that point your sister may be more open to other options. Ofcourse no guarantee this scenario will happen.



Very good observation, and right now the most likely outcome. Even the absolute show-houses are staying on the market around here for ages. Generally what happens is, after a year and two substantial pricedrops they sell. Trying to estimate real values right now is like throwing darts with a blindfold on. The word from a long established Estate agent yesterday was that the only stuff that's shifting is rock - bottom.


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## sal_79 (6 Sep 2010)

Tony,maybe there is more to this than you are telling us. You talk about existing creditors forcing a sale? Who has the debt? Was your father’s only asset his house or did he leave any savings / shares ? You say that your credit rating is screwed for 5 years, does this mean that you have been in trouble yourself financially?

Your sister is entitled to her half share. You should consider yourself fortunate that you have lived rent free in your Father’s house for 16 years, and are presumably continuing to live there rent free, not paying her her half. Your father helped you out, as you say, with the property in Tip, and now you are potentially going to inherit around €100,000. The more you delay at the moment, the less that figure will be. 

Selling the house would probably help you move on emotionally and physically. Perhaps some form of counselling for yourself would help you come to terms with the situation, and this could be the start of a new phase of your life.

Sal


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## irishmoss (6 Sep 2010)

You mention that your sister is only interested in the money. From what you have written I think you are being unfair to her. You mentioned in your first post that despite 5 or 6 visits to a solicitor to make a will your father actually never made one.

It would seem to me your father knew *exactly* what he was doing by not making one and therefore you and your sister jointly owning the property after his death.

So stop putting your sister down, she is entitled to her share whether you like it not. Either you can buy her out or not, it's not her fault.


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## steevo51 (6 Sep 2010)

If your sister is playing hardball I would ask your solicitor if you are entitled to squatters rights as you have lived there 16 years.

I would be looking at that if she was looking to putting the boot in when you are struggling and she does not seem rational enought to come to some arrangement with.

It sounds like she did not see your dad much or is this a misinterpretation? If this is the case and you paid bills and cared for your father then I would look into this too. 

Not sure if either these work as I am not a legal eagle, if you have a claim for squatters rights after 20 years change the locks and sit tight!!


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## PaddyBloggit (6 Sep 2010)

The house wasn't his to squat in while his father was alive so I can't see how it should apply here.


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## steevo51 (7 Sep 2010)

PaddyBloggit said:


> The house wasn't his to squat in while his father was alive so I can't see how it should apply here.


 
It wasn't his property and he lived there without paying rent?


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## Brendan Burgess (7 Sep 2010)

"squatting" does not mean not paying rent. It means living in an unoccupied house without paying rent. 

From dictionary.com 



> to settle on or occupy property, esp. otherwise unoccupied property, without any title, right, or payment of rent.


As he was there with the permission of his father, he was not squatting.

and from wikipedia



> *Adverse possession* is a process by which premises can change ownership. It is a common law concept concerning the title to real property (land and the fixed structures built upon it). By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period. For example, "*squatter's rights*" are a specific form of adverse possession.


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## steevo51 (7 Sep 2010)

Brendan Burgess said:


> "squatting" does not mean not paying rent. It means living in an unoccupied house without paying rent.
> 
> From dictionary.com
> 
> ...


 
My understanding is, OP's father had no will, therefore the estate goes into probate so as such OP has no claim to it until probate is completed.


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## mf1 (7 Sep 2010)

steevo51 said:


> My understanding is, OP's father had no will, therefore the estate goes into probate so as such OP has no claim to it until probate is completed.



I'm not sure what your point is but OP has a beneficial interest ( i.e. a claim) in the property as he is a beneficiary in his late fathers estate. He could not sell or charge his share of the property until probate is granted certainly but he does have an interest.

mf


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## Thirsty (8 Sep 2010)

WicklowMan - first off my sympathies for your recent bereavement.

So here's my take on it:

Your Soltr says you can sit as you are for about a year and your sister "think the place is worth 300k."

So, do nothing for the next 12 months; continue working on your home in Tipp & get it finished off.  In a years time, put the house on the market at your sister's valuation - most likely it won't sell and she'll have to re-evalute what she wants to do.


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