Enforcing property sale?

[jeru]

My sister and partner owned a house as tenants in common. She died in 2007 and left her 50% share to me. Her partner continued to live alone in the property until he went to live in a care home eight years ago. He recently died leaving his 50% share to one of his sons. I have been trying to get him to agree to selling the property which has been empty for eight years but he does not reply to letters. Is the only action I can take an enforcement of sale via the Courts? What are the likely costs? Thank you

[Sam101]

Could it be that the son may not be well or also in care? Have you tried to find out if he has in fact received your communications and if he is able to reply. Before you could take any action through the courts, you would need to show that you have tried all avenues to make contact, so do get in touch with other members of the family to find out why he is not responding.

The fact that he has a 50% share of the property should prompt him to wish to deal with it even if that was to pass his interest to others.

[atticus]

It does appear that you may have to take court action to get an order requiring the property to be sold. This would be under the Trusts of Land and Appointment of Trustees Act 1996.

As to likely cost, speak to reputable local solicitors and ask for estimates. I would say, however, that costs in litigation can be difficult to predict, not least because you cannot control how the other party goes about things.

[jeru]

Thanks so much for your replies. You are right (SAM101) in that I need to make a verified contact. I only know his home address and two letters have remained unanswered. However, I do have a possible lead on his phone number which I will follow up.

Atticus: I have made enquiries to one solicitor and he is asking for £600 just to review the case and give an estimate!

I have been thinking of applying to Court myself because the case, to me, sounds straightforward but I'm struggling to find the correct procedures. Are there any leaflets,books etc. available that I could peruse? The internet does not appear to be of much use in this respect.

[Sam101]

Jeru, please do not start anything legal at this stage, it is fat too early. When you do need to go along that route, it it is needed, then the first step would be to arrange n no fee initial meeting with a solicitor to discuss the matter and enquire about costs. Most reputable solicitors will agree to an initial meeting, possibly half an hour, but by that time, you nee to have made all the enquiries about the brother. Can you ask other members of your family who may know of him?

Whatever the brothers location, do you know any of the relatives, as that is a way forward. Can you get someone to contact the neighbours of your brother or ask the local police if they can help. Also consider Age Concern, as they may have someone local who can check up for you. Offer to cover any travel costs they may have, but you need to find the brother otherwise if the solicitors need to do this, it will cost a great deal of money.

Rushing into legal action is never a good thing until you have done your homework as far as possible.