and thanks Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
As Tenants in common, either of you are entitled to make an application to Court
to force a sale of the property by virtue of the Trust of land and appointment of Trustees act. Likewise, if you were to die first, once your share in the property had been transferred to your children, they would be entitled to issue proceedings under the above Act.
Only if you put a provision in your Will allowing your wife to remain in the property years, would this action not be possible.
Of course, I would not want your chilldren to have a falling out with your wife, and you should perhaps discuss your feelings with your wife and explain your reasons. Likewise, it is always best to put a side note with your Will explaining why you have not granted your wife the right to remain living in the property.
You may of course feel it would be fairer to give your wife a right to remain living in the proeprty -3 years, but this is something to decide upon.
I hope this helps and sets out the legal position.
Presumably your mention in the last paragraph of "1 - 3 years" is an indication of a number of years, as in "x years".
I have previously set various time limits on my wife's 'residency' n the property.
What you are saying is that a sale can be forced by either party - however if I stipulate in my Will that my wife may reside there set number of years that will defer the ability to force a sale (hopefully all on amicable grounds) by that number of years?
Yes- you are correct re x years.
You are also correct as regards ***** ***** Sale. If you stipulate in your Will, that you grant your wife the right to remain living in the property , 2 or 3 years, , then this would prevent your children from forcing a Sale ,2 or 3 years.
I hope this assists.