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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If I decide to force the sale of the house, is there any reason

Resolved Question:

If I decide to force the sale of the house, is there any reason why he could stop that ? I'm afraid of a on going court battle. Thank you, Suzy.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Many thanks for your question. For the avoidance of doubt, am I correct to assume this continues on from your previous question please?
Customer: replied 2 years ago.

yes,my brother being "he"

Expert:  Joshua replied 2 years ago.
based on the facts of your previous question, he could attempt to frustrate an application for possession of the property by you to require him to leave the property by applying to become a joint administrator with you. If you does not do so, then you have sole legal authority to deal with the property and he has no right to remain in the property against your wishes. If he does apply to become an administrator directly with you, he could seek to frustrate any sale of the property and this would be more costly to resolve in court because it requires an application under the trusts of land and appointment of Trustees act which is a slightly more involved application then a simple order for possession. however, he is not able to ultimately prevent a sale from going ahead, because a court will order that either he pays you a market value for your share in the property as things stand and potentially back rent for his occupation of the property or that the property is sold on the open market. He cannot deny you your share.
Customer: replied 2 years ago.

If I managed to come up with that £75,000 to buy his half of the house and he rejected my offer again, and I went to court, what would be the likey outcome ? Right now James has come back from Italy last week, he is not working, he watches the internet, reads books and listens to the radio and irritates me when he can. He's 35 years old, intelligent but lazy.

Expert:  Joshua replied 2 years ago.
If you want to buy his share then it is simply a question of agreeing a market value for share. From what you say, he cannot afford to pay anything but if he could, and he was willing to offer more than you were willing to offer then he could acquire your share because he was willing to pay more than you. However, as that is not likely from what you say, it would be a question of your acquiring his chair the market value. If you cannot agree a market value for his chair, the court will appoint a valuer value per share and set a price which would be binding upon both of you. If you did not wish to buy his chair, and instead the court will order that the property is marketed for sale.
Customer: replied 2 years ago.

I suppose that is better than nothing. If the property was eventually marketed for sale and nobody wanted to buy it at that £150,000 evaluation price, surely I could buy his half or may be an aunty could buy it then give it back to me, my aunty and I have talked about this.

Expert:  Joshua replied 2 years ago.
If no one will buy it at that price then you could offer half or even less than half because a property is after all only worth what someone will pay for it. if there is no interest then the valuation is arguably too high.
Customer: replied 2 years ago.

My brother has mental troubles, my mother would confide with her GP, he has known about James troubles for years. James won't accept treatment. He believes the Dr. gave my mother cancer and thinks many people are trying to kill him, this is very difficult to deal with. Somes years ago he set fire accidently to some bits if sticks outside underneath my window, I had just come home from work and was in my room at the time, I saw these flames then I put the fire out. When I told him what he had done he just gave a blank stare, 5 minutes later he was in back garden singing. My mothers cancer had gone to her liver and she was in alot of pain, my brother was trying to take away her pain killers because he thought they were hurting her, If I wasn't there god only knows what she would have done. She actually begged the Dr to get her out of her own house and put her in a nursing home because she thought he was trying to kill her. Surely a judge would take all this into concideration, can the Dr. be called into court? This morning he just screamed at the top of his lungs. I really cant take this anymore. Would he use his craziness as an eccuse to stay in the house ? I dont know how many questions I am allowed to ask you, would I need to be on a different subcription to have all questions answered?

Expert:  Joshua replied 2 years ago.
Do I understand correctly that you are a subscriber? If so could I kindly ask that you consider providing a rating for the above and open a new question for your last post. The reason is that subscriber questions are low value and whilst I am very happy to help, I cannot justify further time on this question given the value. I look forward to hearing from you
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