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September 4, 2015
Star Features



 

Siblings want to sue me for father's house

Relatives of a woman whose name is on the title for a house belonging to her father is upset with her because they believe she had tricked her father to put her name on the title.

They want her to sell the house and give them had share of the money, as her father died intestate, without making a will.

"There have been frequent quarrels and threats against me since my brothers and sisters discovered that my father put my name on the title for his house," the woman explained.

"I was living abroad when my father, who is a returning resident from England, bought the house in Mandeville, Manchester. I did not tell my father to put my name on the title. It was my father's choice.

"My father died in 2013. Since that time, my five siblings have been giving me a hard time. They call me all hours of the night and day, issuing threats and ordering me to sell the house, to give them their fair share of the money.

"One of them even suggested I should take my half-share of the house and divide the other half among them. I have not responded because I don't like the way how they are treating me. They are treating me like a common thief. One of them even called me a thief and has threatened to take me to court over the house.

"When I first discovered it was my name on the title, I was seriously thinking of selling the house and sharing the money with my siblings. I still live abroad and am thinking of buying a house in Jamaica when I retire in the next five years. I am not really interested in my father's house, but it is the way my siblings are behaving that really upsets me. After my father died, I rented the house. Last month, one of my brothers demanded a copy of the title. I gave it to him. He remarked that I tricked my father. I asked him why, he did not respond.

"My husband looked at the title and said I was not obliged to give them anything from the house. I asked him why. He said the title was a joint tenancy. I was grieving my father's death. I did not have the time to examine the title in detail". I still would like to know if my siblings can sue me over the house."

If your siblings sue, they will not be successful. Joint tenancy means the property goes solely to the survivor. Therefore, it was not necessary for your father to have made a will in regards to the house. On the other hand, If it were tenancy in common, it would means half share of the property belongs to you and the other half to your father. In a tenancy-in-common situation, they could take legal action to claim their father's half-share of the property.

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