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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Parents have left family home to four children. Three of the

Resolved Question:

Parents have left family home to four children. Three of the children want to keep the home to hand on to their kids while one of the children want to sell the home. Can the one child force the three others to sell?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** i shall do my best to help youHow much is the house worth and who currently lives there?Clare
Customer: replied 1 year ago.

£700,000 one of the children

Expert:  Clare replied 1 year ago.
Does the Will give any child the right to live in the property if they wish to do so
Customer: replied 1 year ago.

yes

Expert:  Clare replied 1 year ago.
is that the child who wishes to sell?Can the other three buy number four out?
Customer: replied 1 year ago.

No the child currently living in the house wishes to stay. Two want to keep to use as and when they want. The three cannot buy number four out.

Expert:  Clare replied 1 year ago.
What is the exact wording of the clause allowing number 1 to live there
Customer: replied 1 year ago.

No exact wording just assumption that house would go to all children and any or all could live/use it. Children agree for one to live so property did not deteriorate and others to use as and when they wished.

Expert:  Clare replied 1 year ago.
It is the exact wording that is important Does the Will specifically say that any division has to be delayed if one of the children wishes to remain in the property
Customer: replied 1 year ago.

The wording instructs that all assets (house, shares, etc) are to be divided equally between the children. No distinction is made between the types of asset. So no specific mention on the house or any of the other assets or any division to be delayed if any children are living in the property.

Expert:  Clare replied 1 year ago.
I am afraid that this is not good news if you do not wish the house to be soldWhere a property is owned by more than one person then it is held on a "trust for sale" and at any time one of the Joint Ownerscan exercise their right to insist on an immediate saleSince there is no specific provision in the Will to prevent or delay a sale then if an applictaion is made to the Court then an Order for Sale WILL be made.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.

Thanks, ***** ***** my answer

Expert:  Clare replied 1 year ago.
You are most welcome - I hope it help you going forward
Clare and other Family Law Specialists are ready to help you

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