I've inherited a quarter of my parents' house but my niece is living there: Can I force a sale and if so how?

My parents left their house to us, four siblings, when they passed. However, the deed and therefore ownership of the house is in the name of one sibling.

My parents were expatriates when the house was bought in the name of my eldest sibling. 

On retirement my parents returned to the UK and lived in the house, but the deed was not changed over to their names.

I now want to cash in my quarter share of the house.

My niece, the daughter of my eldest sibling, and her partner live in the house. They do not have children and both are employed. 

They currently pay a well below market value rent for the property.

What legal rights do I have here? If the sibling whose name is on the deed refuses to agree to a fair share of the value of the house, or if a majority of the siblings refuse, what rights do I have... and how can I go about getting my rightful share of that property?

Family inheritance: House is left to four siblings but daughter of one of them is living there paying low rent (stock image)

Tanya Jefferies, of This is Money, replies: If your parents owned the property and left you a quarter share in their wills then it is understandable you want to receive your inheritance and get on with your life.

We asked a lawyer to comment on your situation and below she explains the duties of your parents' executors, what information you should gather, and the steps you can take to get things moving in the way you want.

However, it is worth pausing for thought about how best you can achieve your goal of getting the house sold and the proceeds shared out, while not falling out with the rest of your family.

You do not say whether you are on good terms with any or all of your relatives at present.

But if you are, then be aware that we often hear from This is Money readers whose families have argued over the way an inheritance should be administered – simply how the process is handled, let alone who gets what – and sometimes end up never speaking to each other again.

If you can see a way to come to an amicable agreement by setting out your proposals, discussing with your siblings what they want to do, and coming to a consensus over future plans, that would no doubt be preferable to issuing demands for an immediate sale plus back rent at market rate from your niece.

All that said, the advice from the lawyer below is that if family relations are already strained, you should first get legal advice to explore all your options, which include if necessary going to court to force a sale.

The Law Society has a search tool to find a suitable solicitor in your area.

Sally Ashford, partner and head of UK private client at Charles Russell Speechlys, replies: Assuming the property is in England or Wales and your parents' wills left their estate equally to you and your three siblings, the starting point is to establish who owned the house.

Your eldest sibling named on the deed is the legal owner of the house. However, the law distinguishes legal ownership from beneficial ownership, which is the right to the property's value. The two do not always sit with the same person.

If your parents provided the purchase money and put the house in your sibling's name only for convenience while they lived abroad, the law generally presumes that your sibling held it on trust for them.

If so, the house formed part of your parents' estate when they died and passes under their wills to all four of you.

Your sibling may argue that your parents intended to give the house to them alone.

However, the fact that your parents lived in the house in retirement and left it to all four of you in their wills points against this.

What other information should you gather

Sally Ashford: The executors of your parents' estate have a duty to deal with the estate's assets, including the house, and administer your parents’ wills properly

The outcome is likely to turn on evidence, so you should gather all you can.  

This includes records showing who paid the deposit and any mortgage; who paid the household bills, your parents' intentions and why they bought the house in your sibling’s name; and your parents' wills, and the will-writer's file if available (you can apply to the firm involved for a copy of the latter).

If your parents beneficially owned the house, then the value of it is now held on trust for their estates.

The executors of your parents' estate have a duty to deal with the estate's assets, including the house, and administer your parents’ wills properly.

So, if your equal entitlement to a share of the house is expressed in your parents’ wills, it does not depend on the agreement of your siblings, whether individually or as a majority.

The executors must ensure they reported the ownership of the property correctly on the relevant inheritance tax forms and claimed any appropriate allowances within the given time frame (often two years from death).

Regarding your niece’s occupation of the house, it is unclear when your parents passed away, or where they were living at that point, but I assume that she only started living in the property after their death.

You should establish what arrangements your niece has and who receives the rent.

If the house belongs to the estate, so does the rent. You may have grounds to claim your share of past rent, or to argue that a market rent should have been charged.

What steps should you take next

When you have gathered your evidence, write to your siblings setting out your position and asking for a valuation of the property and proposals for coming to a consensus on what to do.

Take advice from a specialist private wealth disputes solicitor first if relationships between your siblings are strained.

Also, protect your position by registering a restriction at HM Land Registry which will prevent the property being sold or mortgaged without your knowledge.

If agreement between you and your siblings cannot be reached, and assuming there is evidence that the beneficial entitlement belonged to your parents, you may apply to court under the Trusts of Land and Appointment of Trustees Act 1996.

The court can declare each person's share and order the property to be sold, or allow one party to buy out the others.

In reaching its decision, the court considers many factors including the rights of anyone living in the property.

As your niece and her partner are employed adults without children, their occupation shouldn’t prevent a sale, but they would need to receive proper notice.

Depending on the facts, there may also be other routes to obtain possession and/or a sale, so I would advise getting further advice from specialist solicitors.