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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33007
Experience:  Over 25 years experience in law
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Three brothers jointly own a freehold house . If two of them

Customer Question

Three brothers jointly own a freehold house . If two of them want to sell and the other doesn't,can they insist on selling ?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
On the basis that the three own the property and the intention behind holding the property has changed then if the third brother will not agree then the other two can apply to the court for an order for sale. So yes the two can insist on the sale. The matter would need to go to court and the court would have the power to order a sale of the property. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
You say the court would "have the power to order the sale",but would they go with the majority shareholders,or do they sometimes side with the minority. I should add that the brother who does not want to sell lives in the house although he has another property he owns solely that he can live in.
Expert:  Thomas Judge replied 1 year ago.
It is not a question of majority or minority. If the property is owned for one reason and this reason no longer takes place then the court would usually make an order for the property to be sold. Happy to discuss. Please rate positive
Expert:  Thomas Judge replied 1 year ago.
I hope this helps but please rate positive - thanks