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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Property owned by 2 tenants in common A has 95% and B has 5%

Resolved Question:

Property owned by 2 tenants in common A has 95% and B has 5% if B's debt is more than share would property have to be sold
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please give me a little more information?
If there are any Mortgages/loans registered against the property, these would normally have to be in both A and B's names, as joint legal owners?

I look forward to hearing from you
AL
Customer: replied 3 years ago.

There are no mortages or loans against the property (A and B both still living) At the moment AandB are joint tenants

Expert:  Aston Lawyer replied 3 years ago.

Hi Graham,

Thanks for your reply.

I don't really understand your Question, then?

Kind Regards
AL
Customer: replied 3 years ago.

If B has a debt and the only money he has is the share in the property and it was not enough would A have to sell to help pay

Expert:  Aston Lawyer replied 3 years ago.

Hi Graham,

Thanks.

A certainly would not have to sell to clear B's debt.

The only way B could possibly try to get A to sell is if they held the property as Tenants in common and B went to Court requesting an Order for Sale. Depending on the circumstances of the case, the Court may or may not agree that a Sale takes place, but there is no guarantee whatsoever.

I hope this assists and answers your question.

Kind Regards
AL
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