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dear sir or madam, at the present time,my brother and i own 50% or our property. I live in the property with my wife and we pay all the bills. My brother lives in his own house elsewhere. Can either of us force a sale of our house even if one of us does not wish to do so.. edward tidy
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How did you and your brother come to own 50% each of the house you live in?
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yes. One of the joint owners can go to court for an order under the Trusts of Land and Appointment of Trustees Act requiring the property to be sold.
That is the simple answer to your question. As ever, there can be more to it depending on the circumstances of the situation.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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My brother and i inherited the house when our mother and father passed away and are now tenants in commonOriginally posted by Sam101 View PostComment
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There would need to be a very strong reason for your brother to force you to sell the property. I believe that he would fail to persuade a Court to force a sale and your brother would have legal costs initially and I doubt he would be advised to take such action.
Is it possible for you to make him an offer for his 50%, less costs and the price of the property would be based on occupied property.?Comment
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hmmmmm...
A bold statement on so little information. I would not be so certain.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Which of you, (you or your brother) wishes to sell?..... or are you just wondering?Comment
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just wondering , and i wan't to be well informed if it does happenOriginally posted by des8 View PostComment
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just wondering, but if he passes away and his share is inherited by his family, they might have different ideas!Originally posted by des8 View PostComment
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Would not be able to raise the money to make him an offer at the present timeOriginally posted by Sam101 View PostComment
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There really are too many variables to say whether a court order for a sale would be obtainable by either party.
Besides the question of legal ownership, there is also the matter of beneficial ownership.
If there are children involved, the court will also take that into account.
Live there and enjoy it and wait till the question arises, if ever.Comment
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