Refusing to sell house left to both siblings

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paddyjamesonpower

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I am in the process of getting separated and tidying up the loose ends including an amicable disposal of property. I have been living in rented accommodation for a couple of years. There are no kids. My father died some years ago and left his house to both my sister and I. She has a daughter and they both live in our late fathers house and did so with my father while he was alive. She works part time and my niece is a full time student. I grew up in this house and stayed there for a short time on my separation.

My financial situation is increasingly precarious as my rent continues to increase. I have tried to raise the issue of selling our house with my sister - however on each occasion she becomes verbally aggressive and refuses to even discuss the matter. I have made an equal contribution to both house insurance and property tax. In recent years my sister has taken on a tenant and pockets all the rent. I would so like to resolve this amicably (as other than the refusal to discuss the property I get on well with my sister).
I would be very interested to hear views as to what the right thing to do is. Is legal recourse inevitable or is it possible to resolve amicably? Views welcome.
 
She obviously thinks that this is none of your business.

This was her family home. She has been living in it. Her daughter has been living in it. Her father should have left it to her and should not have left it to you.

It's very odd that she is taking rent and you are paying property tax and house insurance.

Does she understand your financial position?

If she sells it, where will she and her daughter live?

Could she get a mortgage to buy out your half?

Brendan
 
I came across this situation before, where a sibling refused to move out of an inherited property to allow its sale.

Putting to one side the negative effects on the relationship with your sibling, you may wish to consider legal action.

Assuming that you are both tenants in common, you may be able to apply to the courts for an order for the partition and sale of the property (under the Land and Conveyancing Law Reform Act 2009 Section 31 (a) - An order for partition of land among the co-owners).

As far as I recall the legal fees and court costs were between €3k and €4k. The solicitors on this site are extremely helpful. I'm sure one of them will oblige with an up to date estimate of costs and the process involved.

SM
 
Sounds as if she has the best of both worlds. You contribute but don't benefit.

Tough heart to heart conversation needs to take place and let her know your financial position. What about you moving back in.

If you don't get any satisfaction then a trip to Citizen's Information for advice and perhaps one of their solicitors can help.
 
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