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If I'm One Of The Inheritors Of My Late Father's House...

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Steve-Harrass | 10:21 Mon 12th Oct 2015 | Law
15 Answers
is there any legal reason I can't prevent the other two inheritors from selling it? (If they sell it whilst I'm unemployed, not only will they be depriving me of a roof over my head, but forcing me to sell/dispose of all my possessions).
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Are there any terms in the will allowing you to live there?
you could alwys buy the other two out.
Why would you have to sell/dispose of your possessions - surely if the house is sold you will have some money to rent a plce/get storage for your stuff?
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ADDITIONAL INFO1: I can't buy them out because I can't even afford to put my items in storage. I'm on JSA, I've been homeless in recent monts due to family conflicts, and I've got literally no money for about half of every fortnight.
ADDITIONAL INFO 2: They're determined to sell the house circa Christmas. At which time the inheritance moneys still won't have been sorted out yet - and short of a miracle it's safe to assume I'll still be unemployed (ps: I have a bad credit history).
Altho there are rights of occupation for divorced wives and so on

you dont on the facts qualify for such relief and so the short answer is no
You could try the CAB or the free hour of lawyers time that is sometimes on offer to test the water - but it doesnt sound as tho you have the ackers to follow up a legal claim of doubtful success - and for God sake dont pour your inheritance into lawyers' pockets

The usual course of a judge in these things were the beneficiaries cant agree or do agree and then dont etc is to order the sale of all the assets and divide by three ( or whatever the proportions set out in the will )

This occurred in my own family where one member by saying I dont agree I dont agree I dont agree forced the sale of every last assets of the deceased's estates - and thereafter went around with a look of 'this is the cleverest thing I have ever done in my life'

Uusal things about wills - if your father wanted you do stay in the house he could have given you a life tenancy in his will ....
oops see Home Ownership by Potty 64 below for the converse view by BuenChico who knows His Stuff
( and which I dont agree with by the way but so what this is AB and not the High Court )
peter there are no more answers espc from potty and buenchico
just use the money/HB you are paying in rent to rent somewhere else
By the way the Festive Season is probably the worst time to try to sell a house.

You will normally get a better price for it selling in the Spring.
Don't know the legalities but if they are selling to spite you then I am guessing that you are stuffed as spiting you trumps all else. If there are other issues, maybe they would be open to negotiation...could you afford to pay them any rent? Are there any jobs round the house that need doing that you could do?
Where do you live and how much is the house worth. One third of the value should be enough to purchase very basic accommodation, even if it is a studio apartment.
If you refuse to agree to the sale then the other two can apply to court for an Order of Sale and Division of Proceeds and unless there are special reasons as to why you must live in that house (such as being severely disabled and the house has been specially adapted for you) then they are likely to succeed.

You will just have to rent somewhere else.
I am assuming that the op is just living in the house rent free.
(which may give him a claim on being 'financially dependant' on his late father?)
I can see why they may not want to have to wait possibly many years for their share.
Maybe you can try to come to some agreement. If they have some money they could buy you out now or give you some cash/ a room to keep you going with shelter and food until the house is sold, at which point you can get the rest of your inheritance
// By the way the Festive Season is probably the worst time to try to sell a house. You will normally get a better price for it selling in the Spring.//

o god in a full flight family quarrel after a death,
a commercial consideration has no significance at all

s/o will scream I want my share now! - I have worked hard enought for it !
and the result is a fire-sale

been there - done it - [ erm well had it done to me ]
I agree PP.....was just trying to impart some advice so that more cash could be obtained for all the feuding factions.

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