How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7626
Experience:  UK solicitor
28732269
Type Your Family Law Question Here...
Thomas is online now

Hello I have a house with my dad. We both are land registry

Resolved Question:

Hello

I have a house with my dad. We both are land registry owners of the house which still has a long mortgage . We both bough the house 7 years a go when i was single. Now i would like to sell my house and purchase a new house with my family however my dad does not want to sell the house. I happy to sell the house and split the difference but my dad does not want to sell it. Currently I'm paying the mortgage and i can't afford to buy another house with out selling my first property.

What are my legal rights how can I sell the house. I'm not after any money I just need a bigger house for my family. My dad is on pension and he can not afford the mortgage.

Is there a legal way to sell the house ?

Many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

First of all, if you and you father presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your father need not sign the form provided you follow the instructions.

If your father cannot afford to get a mortgage offer in his sole name in order to buy you out and do a transfer of equity/remortgage then the only option is a sale of the property, so that you can release yourself from your current mortgage and realise the equity in the property.

If your father does not wish to sell the property and won’t agree to after you have explained the circumstances to him then your only option is to force the sale of the property.

You can force the sale of the property by making (or posturing to make) an application to Court. A local solicitor would be able to do this for you and these orders are seldom refused by the Court. However, there will be legal fees involved and if your father disputes it then it won’t be a quick process so it really is best if you are able to amicably get your father to agree to a sale.

I am sorry, but this is the only option that I can see for you.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas and other Family Law Specialists are ready to help you