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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning. In 2009 I and my two adult children inherited

Resolved Question:

Good morning. In 2009 I and my two adult children inherited my ex-husbands house upon his death. The house is registered at the land registry in all 3 names according to our percentage ownership. The house was subject to a mortgage at the time of inheritance which was paid off in full out of the estate. For the last two years my son has lived in the house (rent free)but recently moved back in with me so the house is currently unoccupied. My daughter and I want to rent the property but my son wants to sell. How do we stand legally on preventing the sale please? Jayne

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Clare replied 2 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 and what is the percentage division between you?
Clare
Customer: replied 2 years ago.

The house was last valued at about 160K. I have a 20% share and both my children have a 40% share each.

Expert:  Clare replied 2 years ago.
Hi
Can you and your daughter afford to buy your son out?
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
Where more than one person owns a house then the house is held on a "trust for sale" and that trust can be ended at any time if one of the joint owners wishes to do so.
Accordingly if your son cannot be persuaded to change his mind about the sale then he can apply to the court for an Order for Sale and it WILL be granted
There is no legal option you can use to disuade him - but a Buy to Let mortgage could enable you and your daughter to buy him out
I am sorry not to give better news - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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