Answer to a question from a reader

My grandmother wants me to sell the house she left to my sister and cousins if they do not take care of it. How would I do that if I'm not on the title deed?

The short answer

If your grandmother cannot amend her will, you can call a meeting with your family to discuss your grandmother's wishes and adding you to the title deed.

The whole question

Dear Athalie

My sick grandmother left her house in her will to my sister and two cousins, but told me if they don't look after the house, I should sell it. The problem is, I wouldn't have any rights over the house if it is not in my name.  I can afford the transfer costs, but they may not be able to. 

The long answer

As you point out, because your grandmother has not left the house to you, you will have no say over it. Perhaps your grandmother does not understand this, or perhaps she is too sick to deal with such matters now.

 Perhaps the best thing to do is to call a meeting with your sister and the two cousins to discuss the way forward. If there is someone that everyone respects that could attend the meeting as well, that might help to keep the meeting on course. 

You should come prepared to explain how the process of transfer works, what it costs approximately, and that if the house is not transferred into their names, it will not legally belong to them. The title deed is the only legal proof of ownership.

You could explain that if they are not able to pay the transfer costs, you could do so, but in that case, you would need to be given an equal share in the house. Legal papers would have to be drawn up and signed to make sure that happened. 

Ooba Homeloans says that if you co-own a property, all the parties need to sign a co-ownership contract. They say that you should definitely get legal advice on it, and that the contract should include the following:

  • What happens if one co-owner wants to sell their share

  • Who will take responsibility for managing the property

  • What the financial contribution from each member will be.

If your sister and cousins are not interested in your becoming a co-owner with them, 

at least you know that you have tried to respect your grandmother’s wishes to the extent possible.

Wishing you the best,
Athalie

Answered on Nov. 27, 2024, 1:06 p.m.

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