Selling a property my husband has

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10/22/2019 - 15:38

Selling a property my husband has inherited with his sister - my father in law passed away in 2017.  the house was 50/50 owned by my father in law and one of his siblings. However, he had already paid over half to his sister before he became ill and was in the process of transferring the property into my husband & my sister in law names and about to pay off his sister.  my husbands aunt agreed for it to be sold and it has been in the market for 6 months. We reduced the price and had an offer. However, his aunt wants a few more thousand, and we are now in stalemate. Obviously in UK when you are winding up an estate the excecutor has to take beneficiaries thoughts on board. My husband wants to sell to this buyer, can he say he would then to be bought out by his sister and aunt if they don't accept this offer? My father in law had no will, a family member in Italy is our solictor and was appointed by his aunt so it's very hard to have this conversations as everyone is connected and biased.  many help! Sorry I keep asking questions but you are all helping so much!!! Xxxx 

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If I understand correctly, the house is still owned 50/50 on paper, or 50/25/25 after the succession.   So your father inlaws 50% has passed to his children.  His sister owns the other 50%.  Assuming that the property is indivisible, then the only option is for your husband and his sister to accept less of than 50% of the purchase price, in order to give the aunt what she wants.    You cant force your relations to buy you out without spending alot of money and time. As your father in law had was already buying out his sister unofficially, and she had been paid for her half, why is she asking for more than half the proceeds from the sale?  

Hi! Thank you so much for helping. 2012 my father in law and his 5 siblings all inherited 1/5th each of their parents (my husbands grandparents estate) which totalled €31700 each. There were numerous properties and outbuildings and land so each sibling got something; 1 got a shop, 1 got some land, etc etc my father in law and his sister got the house jointly. it was always the agreement between them that my father in law would buy her out as he wanted to transfer the house to my husband and sister in law. He also spent over €20,000 on the house modernising it but only for his own benefit as it was never assumed he would get that money back and he never had to consider getting any money back, because he never thought that my husband and his sister would ever want to sell it, but since his illness and subsequent death they have not spoken.  we found out yesterday my father in law paid his sister €18,000 in 2014. At that time he also was drawing up the documents t transfer the house over to my husband and my sister in law and he would have paid the balance of €13,700 to his sister too. However, in June 2015 he was diagnosed with a brain tumour and didn't recover. He passed away in 2017. so my husbands aunt we believe is owed €13,700. The house has had an offer of €63,000 but she wants more. So we assume that she is expecting more than what she was initially inherited in 2012, because half of €63,000 is €31,500 minus the €18,000 = paying her €13,500sonwe can only also assume that something else is going on here, but we don't know what.   

Good morning,
Before going into the "share" analysis , there is one point extremely unclear in your story.

You said and I quote: "the house was 50/50 owned by my father in law and one of his siblings. However, he had already paid over half to his sister before he became ill and was in the process of transferring the property into my husband & my sister in law names and about to pay off his sister"

When he paid over half to his sster (I assume the sibling mentioned) did he wrote some sort of contract (a "scrittura privata", deeds or anything else) or did he do it on a simple "shake of hands" basis?

"Was in the process" what does it mean? Did he made a "proposta d'acquisto" (buying proposal) and a "compromesso" (Pre-contract Agreement) or they were just discussing the asking price? Did they wrote some sort of Agreement?

I am asking as, if there are papers, terms and condition have been already agreed (the 75% has been already set with a "scrittura privata") ; please note doing works will increase the value of the property but won't affect the "share" owned by each person...….