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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I jointly own my home with my daughter but the arrangement

Resolved Question:

I jointly own my home with my daughter but the arrangement is not working out and I want to get out of the arrangement. My daughter refuses to contemplate selling up and all of my money is invested in the home. Do I have any options available?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
To enable me to answer you fully, could you confirm-
1. Do just you and your daughter lve in the property?
2. Is there a mortgage over the property?
3. Do you know if you hold the property as Joint tenants or tenants in common?
I look forward to hearing from you.
Al
Customer: replied 1 year ago.
My 13 year old grandson lives here and at the moment my daughter's oldest son - aged 21 - has returned too. There is no mortgage on the property and we currently own it jointly although I am investigating changing to tenants in common.
A
Expert:  Aston Lawyer replied 1 year ago.
Thanks for your reply, and apologies for the delay.
If you are unable to agree as to how to divide the property or whether to sell it then ultimately your default position is to apply to the courts for an order for sale under the Trusts of Land and Appointment of Trustees Act (IF YOU HOLD THE PROPERTY as tenants in common) and to determine your respective shares in the property and an order for the sale of the same. The courts have the power to impose a settlement and make an order for sale based on what they believe is fair based on the evidence they can both bring.
Ideally you would appoint a solicitor to assist you with such an application as they are not straightforward however you could in principle apply yourself. Fees for a reasonably straightforward TLATA claim can be anything from £750-1750 and can be more if litigation is extensive.
You will also need to change your ownership to tenancy in common.
I hope this assists and sets out the legal position.
Kind Regards
Al
Customer: replied 1 year ago.
Thank you for this assistance. I thought it would be difficult, but hopefully I will change the joint ownership arrangement and see what we can do.
Kind regards
Expert:  Aston Lawyer replied 1 year ago.
Good luck!
If I have assisted, I would be grateful if you could rate my Answer.
Best Wishes
Al
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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