Removing Sister from a joint ownership property?

Reply to the comment left by Harry Trump at 30/04/2021 - 13:38
I said early on that I've been down this road, and the issue of costs depends on the value of the house and the merits of the case. In my case, the house was valued at £700,000, and the costs were £20,000+.

Most solicitors will give you 30 minutes free consultation, during which time you need to be totally open and honest (and a little desperate!). You need to know if your sister has assets e.g. proceeds of sale of her house, etc...

If you win, you should get your costs awarded, especially if the judge perceives your sister's defense to have been spurious and vexatious, but the problem is if you don't have the funds to cover the costs during the case. Do you have legal insurance with your house insurance or elsewhere?

You could be lucky and find a solicitor who would be prepared to agree a conditional fee arrangement e.g. cover the costs in return for a larger fee or % of the proceeds of sale. You will need a barrister in addition to your solicitor, so try to find a Direct Access Barrister which would save on costs.

Here’s a thought; assuming that the advice given above is correct and that she has the right to live there until the court order decrease otherwise, does it not follow that the joint owner also has the same right? In which case it might be worth considering moving in as an option. That would certainly be painful for everybody but my sister-in-law had exactly the same problem with her brother and it cost £10,000 and years of her life and created misery. In the end he moved out by agreement without even going to court. Had it done so it would have cost further years and further costs and further misery and so she was lucky. It might be that The poster may consider it wortwhwhile dealing with the painful encounter of living with his sister in preference to this scenario. Just a thought and might be worth discussing that with the sister even if you’re not going to do it. Or even letting the house to a friend who might fight that battle for you?

Try Citizens Advice, they have legal advisors

Even if you have to pay a solicitor consultation it will be around £250. I think money well spent. But get a specialist.

With the utilities, tell them your sister is the occupant - you can still pursue the existing errors as that account will still be in your name

Good luck, let us know how you get on

There a few extremely stupid comments about lawyers - I declare an interest as a retired solicitor, albeit never involved in conveyancing or housing disputes. Parliamentary draftsmen draft laws and many lawyers tear their hair out at the result! It is simply at the very bottom of a politician's vote-getting priority list to sort the arcane loopholes in ages old property law that exist for the unscrupulous to exploit. I suspect your best bet in that regard is to locate the group under the Law Society's umbrella that deal with property matters and ask them to address the issue? You may find it's already on their shopping list?

Otherwise in this case, I see little alternative but to find a solicitor who specialises in property litigation and get advice. It will be to issue a summons for the appropriate relief. The court is very keen on mediation and in my (out of date) experience looks dimly at those who refuse to cooperate. Getting the Order is only stage 1, enforcing it is another! Dithering gets nowhere but into a deepening whirlpool of hate and despair?

https://propertydisputes.co.uk/force-sale-jointly-owned-property/

This may help as to the process

Reply to the comment left by Peter at 01/05/2021 - 07:57
Tried that, too, in desperation, and the Police told her not to do it.

Reply to the comment left by Peter at 01/05/2021 - 07:57
I like the way you’re thinking, I may advertise for a couple of Romanian origin to rent a room and for them to feel free to invite their friends👍

Someone in the crowd said to Jesus, “Teacher, tell my brother to divide the inheritance with me.” Luke 12v13. Some things never change.

Reply to the comment left by Kevyn Jones at 01/05/2021 - 13:26
Great! The god squad...

I've got something similar to this, 80 year old tenant passed away, 56 year son wants the house. He has Mental Health problems & can't/won't even ring Universal Credit to get the 'rent' started. I've rang UC, Homeless, Twittered Shelter who has been no help at all to find a way to keep him there, but has offered words on Illegal eviction. Yet if we could sort the rent problem, there would be no eviction.
As time has transpired, it may be that he hasn't/doesn't even live in the house & ie just have sentimental attachment to the house & doesn't want to give it up.
There is two other sisters, one who was always there to help her Dad, but now gone silent. I think cause brother was living at hers & she now can see way of getting him out, so she can move away.

So I shall comment to hear other people's advice.