Do I Need Siblings’ Nod To Sell Share Of Late Father’s House?

Source : The Sunday Times, November 4, 2007

Q MY LATE father left a freehold semi-detached house to my three siblings and me, splitting it into four equal shares.

What should I do if I want to sell my share?

Do I need approval from the other three?

If I do not draft a will, what will happen when I die?

How will my share of the house be distributed?

Will it be transferred to my immediate family - my spouse and children - or distributed to my three siblings?

A SINCE your father’s house was left to you and your three siblings in four equal shares, you and your siblings hold the property as tenants in common in equal shares.

For joint tenants, the right of survivorship allows the other three siblings to hold the property equally upon the demise of one joint tenant but the shares are not distinct.

In your case, as you said that you have 25 per cent of the property, you are a tenant in common.

Unless you can find someone to buy your 25 per cent share as a tenant in common - perhaps someone in your family - you will have to obtain the approval of the other three tenants in common to sell the whole house and distribute the proceeds of sale equally.

If you die without a will as a tenant in common, half of your share will go to your spouse and the other half will be split equally between your children under the laws of intestacy.

Kim Cheong King Ying Partner Low Yeap Toh & Goon

Advice provided in this column is not meant as a substitute for comprehensive professional advice.