Sale of house following divorce - advice please

[jamesi85]

Hi,

My mum and dad divorced in 2005, my dad moved out and we are still in the family home, they didn't make any specific agreements about dividing assets.
My mum has paid the mortgage ever since and is looking to sell the house now.

My two questions are:

1) Does my mum need my dad's permission to sell the house? (they are still joint tennants)
2) My mum is thinking of offering my dad a cash lump sum of £25,000 and keeping the rest, if he accepts that amount is that legal or do we need to get that in writing beforehand?

[lgfa92]

Get anything that is agreed in writing - it doesn't come back to bite as easily then,

As a joint owner he has a legal interest in the property. If he refuses to sell then a court order may be needed to force the sale. You're best off speaking to a conveyancer so that any issues can be properly dealt with.