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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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MY SISTER AND HER FRIEND BOUGHT A HOUSE TO GATHER 30 YEARS

Resolved Question:

MY SISTER AND HER FRIEND BOUGHT A HOUSE TO GATHER 30 YEARS AGO, THEY HAVE NOW HAD A BAD FALLING OUT AND SHE WOOD LIKE TO SELL AND MOVE ON WITH HER LIFE; SHE IS 69 YEARS OLD, THE JUST ARE NOT GETTING ON WITH ONE ANOTHER, MY SISTER WOULD TO SELL THE HOUSE BUT HER FRIEND WONT SELL, WHAT CAN MY SISTER DO ABOUT THIS
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm that your sister owns the property with her friend as "tenants in common" as opposed to "joint tenants" please? if you are not sure, that is fine
Customer: replied 2 years ago.

not sure

Expert:  Joshua replied 2 years ago.
thank you. The difference between joint tenancy and tenancy in common is an important one and if your sister is not certain how she owns the property, it is important that she checks the position as soon as possible. If she owns as joint tenants, in the event anything were to happen to her, her share in the property would pass to her friend absolutely regardless of what it may say in your sisters will. The converse is also the case of course. this is unlikely to accord with your sisters wishes and so she would need to confirm that she holds the property as tenants in common. If she holds the property as tenants in common with her friend, then any share she holds does not pass to her friend in the event that anything were to happen to your sister but rather is left under the terms of will. The way to confirm if she holds as tenants in common is if the property is registered, there will be an entry on the title deeds with the land registry in the "B section" which reads along the lines "RESTRICTION: no disposition by a sole proprietor…". if there is no such entry, she likely owns as joint tenants and would wish to consider severing her tenancy as soon as possible for which she would require a solicitor or I could prepare the documentation for her if she prefers. The above does not directly affect the position with regards ***** ***** sister being able to force a sale of the property which with your permission, I will deal with below but it is an important matter to confirm to ensure that your sisters share did not accidentally pass to her friends in the event anything would happen to her. In terms of selling the property, from what you say I assume your sister and friend own the property in equal shares which would be the case unless there is an express agreement to the contrary. This being the case, either your sister or her friend have a right to require the other two either by their share at market value or sell the property at market value so as to liquidate their share under a piece of legislation called the trusts of land and appointment of Trustees act. Under the above legislation, your sister can serve a notice on her friend giving her reasonable notice - 1-2 months is usually sufficient - that she requires her friend to either make her an offer for the market value of her share to buy her out of the property or that the property must be sold on the open market. Your sisters friends options are either to make an offer that your sister agrees or to consent the property to be marketed and sold for market value. If she refuses to agree either of these options, your sister has the right to apply to the County court for an order that the property is sold and that your sister has conduct of the sale if she can demonstrate that her friend is likely to frustrate or obstruct the process. Your sister is likely to require a solicitor to assist her with making the application but the application can be made using a part eight claim form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 the court order will direct that the proceeds of sale net of costs are to be divided between your sister and her friend by the solicitor says that the court directs which would likely be on a 50-50 basis unless either party can show an agreement that the properties owned on the basis other than 50% each which I assume is unlikely. Your sister could make a claim for costs of the application to be made against her friend if she can demonstrate that her friend has acted unreasonably so as to make the court application necessary. It is up to judge how to allocate costs but will take into account the conduct of the parties when making an order for costs. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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