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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My home currently has mine and my 5 siblings names on the deeds

Customer Question

My home currently has mine and my 5 siblings names on the deeds (left to us when our mother passed away 14 years ago). Three of us live in the house and three have their own homes. My family want to sell the house as soon as possible and I don't, as I am about 5 months off being in a position to take out a mortgage on it, due to a default on my credit file that's going to come off in December. I desperately want to keep my family home for sentimental reasons because I was born in the house. What would happen if I don't agree to sell? Can they take me to court & how long would this process take? Would it delay the sale long enough for me to secure a mortgage? Please help me. Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth?
Clare
Customer: replied 3 years ago.

I had two market valuations around £105,000.00 it needs a lot of work done to it.

Expert:  Clare replied 3 years ago.
Hi
Is there any underlying reason why your siblings are not willing to wait what is a relatively short length of time - especially given that it saves on Estate Agent fees?
Clare
Customer: replied 3 years ago.

There are three of us (the 3 living there) interested in buying the house, only my sister can get a mortgage at the moment. 5 months ago they said if there were more than one of us interested and in a position it would need to go on the open market as it's only fair. I'm still a few months off and my brother is too old to get a mortgage. My sister is getting married next month and is the one pushing for the sale. My other siblings are just anxious to get their share of the money.

Expert:  Clare replied 3 years ago.
Hi
So in fact the house will have to be sold on the open market anyway since there are two of you wishing to buy it?
Clare
Customer: replied 3 years ago.

Yes, so can I delay the sale or can they put it on the market before I can get a mortgage?

Customer: replied 3 years ago.

Surely they can't force me to sell before I'm ready? Especially as I still live there.

Expert:  Clare replied 3 years ago.
Hi
What makes you think that you will be the one who purchases the property rather than your sister?
Clare
Customer: replied 3 years ago.

I think I will be able to out bid her come December as it will be me and my partner applying for a joint mortgage. We both work full time and Will have the same deposit as her if not more.

Expert:  Clare replied 3 years ago.
Hi
Your siblings can indeed apply to the court for an Order for the sale of the property - and they do not have to wait until December
Since you have no defence to the application it is hard to predict whether you will be able to delay the outcome long enough to enable you to raise a mortgage
Much will depend on how busy your local court is.
Realistically you may have to make a large enough offer for the property to persuade your siblings that it is worth waiting for you to purchase it.
Since clearly there is going to be a bidding war in any event the issue will just be how much extra you need to offer to justify the wait
Please ask if you need further details
Clare
Customer: replied 3 years ago.

What happens if they apply for a court order and how would I fair? Would I need representation? What would you say would be a valid defence to the application?

Also, is there a law that can prevent the sale of a house to any family member? As my brother has said that's what he wants to do, out of spite.

Thank you

Expert:  Clare replied 3 years ago.
Hi
The Order will eventually be granted - you simply have NO defence to the claim
No your brother cannot prevent a sale to a family member
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you, ***** ***** been very helpful!

Expert:  Clare replied 3 years ago.
Hi
You are most welcome _i hope all goes well
Clare