Inherited Share of Property and Want to Sell?
Jan Samuel 19-10-2016
To speak to an expert solicitor about a dispute over an inherited property, call 01271 343457 today.
Causes of Disputes About Inherited Property
At Samuels Solicitors, based in Devon, we have seen a marked increase in recent times of inherited property disputes.
These disputes typically arise when an elderly parent has been cared for in the family home by one of their children, up until the time they pass away.
For various reasons, the person who has cared for the elderly parent, may stay on in the family home. It is not uncommon however, for the family home to be left to be split equally between all of the deceased's children, either under the deceased's will, or under the intestacy rules.
A dispute about the inherited property can arise if the child who cared for the elderly parent is unwilling to leave the property. It is possible that they may not have another home to move to.
Disputes about inherited property can be more difficult if the siblings who do not live at the property live in council, or rented accommodation, and want to get onto the housing ladder.
The siblings end up being equal owners of the property, but if there is one who does not want to sell, what happens?
How Disputes about Inherited Property are Resolved
An amicable resolution of disputes about inherited property, would typically involve one party buying the other (or others) out of their share. The first step is therefore to obtain a valuation of the inherited property, to work out the value of the shares each party holds in the property.
There can also be other factors to take into consideration, such as any improvements to the inherited property that one party may have paid for, or the fact that one of the parties may have lived at the inherited property rent free for a long time.
We are skilled in negotiating resolutions in disputes about inherited property, even in situations where the parties have falled out with their siblings. With our assistance, many clients have salvaged family relationships by resolving these disputes without going to court.
However, if none of the parties are able to buy the others out, or if a resolution is simply not possible, it is possible to obtain an order from the court that the property is sold.
How We Can Help
If this situation is familiar to you, then we are confident that we will be able to help you.
At Samuels Solicitors, we have a wealth of experience in assisting clients resolve disputes about inherited property. Wherever possible, we will assist clients to reach an amicable solution, although of course there are times when resorting to the court is necessary.
If a dispute cannot be resolved by agreement, then we will be able to help you to go to court for an order that the property should be sold.
What About Fees?
We appreciate that the fees for dealing with disputes about inherited property can be a concern, which is why we have developed a range of flexible funding options to assist clients where ever possible. This can include conditional no win no fee arrangements where appropriate. In certain cases, we will be happy to agree that we defer our fees until a property is sold.
We will also assess any matter initially for free, and so you have nothing to lose by calling us to discuss your circumstances.
Contact us today to speak to an expert about how we can help you resolve your dispute about property you have inherited.