WA Inherited home 50/50 sibling share

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Lea03help

Member
6 March 2021
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50/50 owner of inherited home with sister. I have lived in the property for about 3-4 years full time and paid for all costs associated to the homes upkeep. My sister ( who hasn't lived there or paid anything towards the home in that time) is threatening to take me to court and sue me for rent that I supposedly should have been paying her. Can she do this?

Also What can I do to have her removed from the deed as I fear ( due to her life choices ) she is wanting the homes money to support her not so good life choices. She has lost her job, home and living with her boyfriend. This is my home, my mother's home, I don't want to loose it so she can support her horrible habits.
 

sammy01

Well-Known Member
27 September 2015
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Not gonna like me.
So you get to live in a home that sister half owns.... You get the benefit of living there. What does she get?

remove her from the deed? get a bank to value the property. Use that valuation to get a loan to buy her out of her share. Go see a solicitor to achieve this.
 

Lea03help

Member
6 March 2021
2
0
1
I live in the home yes, I maintain the massive 3600 sqm property solely, which is located in rural WA. As per agreement made, all costs associated to the home were to be paid by both at 50/50 split.
In over 4 years I haven't seen a penny from her, despite the many requests.

My sister lives 2-3 hrs away and has zero interest in looking after the home our beautiful mother ( single mum ) worked so hard to be able to pay off and leave to us to enjoy. She doesn't even come here.... ( we grew up here so all family and friends are here ). Mom also left a large sum of money to us both which was equal amounts.

I'm not being greedy by all means, I am purely trying to save the home our mother provided, paid off, made memories in, from being taken or lost by my sister and her life choices.
- back story....
The large sum of money left to us both ( $50k + ), my sister spent the entire amount on her meth addiction.... $50 +K on meth over 2 years....... In this time frame, she lost her home, her job, her car and her inner ability to see rational.
She has pawned everything she has to get $$, and has tried numerous times to apply for loans against her share of the home to feed her habbit....
If a loan she gets is approved at all, and she can't pay the loan and has used the house as collateral, the bank will try and take the home..... I refuse to let her take our mother's home and disregard all the love it has to feed her addiction. She has lost all respect for everything.

I'm trying to secure my mother's memories and respect her wishes.....

In relation to buying my sister out, I myself am not currently able to do so due to a job change and needing to wait 6 months to come out of the probation period my job has. Once 6 months are complete I can hopefully do this.
But in the meantime, what can I do to protect the house from my sister.

She is currently calling me and threatening to apply to the court under hardship to be able to draw on her half of the home to gain cash....

The situation is more in-depth than I can describe. Its just frustrating...
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
50/50 owner of inherited home with sister. I have lived in the property for about 3-4 years full time and paid for all costs associated to the homes upkeep. My sister ( who hasn't lived there or paid anything towards the home in that time) is threatening to take me to court and sue me for rent that I supposedly should have been paying her. Can she do this?
Pretty hard to be a tenant and an owner simultaneously.
You may care to reply to her threats to sue you with
"Well, go on then."

On the assumption that you are joint tenants, and not tenants in common,
(as a matter of law, the difference matters a lot)
it seems to me that it may be worth looking into the prospects
of you becoming some sort of trustee (if not her actual guardian...).

That said, you will not find your answer here - and this is not a DIY.
You'll need the formal, case specific, advice of a lawyer in WA.
You may find it convenient to search here.

Good luck.