Selling property Tenants in Common when one won't sell

[normondog]

Hello all,

My sister and I jointly own our late parents' home and are Tenants in Common

My sister lives in the house, along with my niece (her daughter) my niece's partner and their two young children

We have no formal agreement but I receive a monthly payment from them, which is reasonable, but certainly less than 50% of the property's rental value

We are on good terms..

My wife and I live around 50 miles or so from the house and are now just starting to plan a semi retirement move

We would like to sell the property, and realise it's equity, but my sister and her family will not agree to this, as they literally have no other options available to them, as there is no possibility of buying myself out, and with all respect they are sitting pretty to some extent

Therefore I feel in a position that I have an asset that would contribute greatly to my and my wife's future plans but in effect cannot access it

It's early days, but just looking for any advice as to how the legal land lies, or what the best approach would be

Thanks in advance

ND

[Pezza54]

Hi
Welcome to LB

Please read the article "Tenants In Common One Wants To Sell UK" at www.propertydisputes.co.uk

If negotiation fails your only option may be a court order to force the sale.

There is the possibility that if you let the current position continue, your niece inherits her mother's 50% share of the property and remains living at the property

[normondog]

Thankyou Pezza54

[atticus]

You may seek an order for sale under s14 Trusts of Land and Appointment of Trustees Act 1996. But see section 15 for matters a court may take into account in considering whether it should make such an order - https://www.legislation.gov.uk/ukpga/1996/47/section/15.

[normondog]

Thankyou Atticus