An­gela Brown

Macclesfield Express - - HOMES - SIS­TER-IN-LAW WON’T GO

Daniels LLP So­lic­i­tors MY mother-in-law died 20 years ago. She didn’t make a will, and her house passed to her five chil­dren. One of the chil­dren – my sis­ter-in­law – is still living there, while the other four chil­dren, in­clud­ing my wife, have died. How can I get my wife’s share of the prop­erty while I’m still alive? YOU are prob­a­bly en­ti­tled to claim your wife’s share if she left it to you in her will or the residue of her es­tate passed to you. If you can’t per­suade her sis­ter to leave you would have to go to court to ob­tain an or­der for the house to be sold with va­cant pos­ses­sion. The court may be re­luc­tant to en­force it if the sis­ter is el­derly. You should see if she might be re­cep­tive to pur­chas­ing your wife’s share in the house and ‘buy you out’ of the in­ter­est as an al­ter­na­tive. She should be asked to pay an oc­cu­pa­tional rent to re­flect the fact that she is de­priv­ing you of the cap­i­tal. Val­u­a­tions would help with this but you might want to con­sider this first and ob­tain at least three val­u­a­tions be­fore sug­gest­ing it.

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