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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33811
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MY WIFE AND HER SISTER OWN THEIR LATE FATHERS HOUSE WHICH HAS

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MY WIFE AND HER SISTER OWN THEIR LATE FATHERS HOUSE WHICH HAS A DEFECTIVE TITLE. CAN A COURT ORDER THE SISTER TO SELL WITHOUT RESERVE AT AUCTION AS SHE IS UNSUCCESSFULLY TRYING TO SELL THROUGH AGENTS. AN AUCTION HOUSE HAS VALUED THE HOUSE AT AROUND £175,000 TO £200,000 AND MY WIFE HAS OFFERED £170,000 CASH TO THE ESTATE.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** shall dd my best to help you but I need some further information first.How long has the property been on the market?
Customer: replied 1 year ago.
THE PROPERTY HAS BEEN ON THE MARKET FOR ABOUT THREE YEARS ALTHOUGH MY FATHER IN LAW DIED ON 18 DECEMBER 2014. THE PROPERTY HAS BEEN SOLD ABOUT THREE TIMES BUT EACH TIME FAILED DO TO A DEFECTIVE TITLE AND THE PRICE HAS DROPPED FROM £250,000 TO AROUND £175,000 SO WE REQUIRE THIS PROPERTY TO BE SOLD AT AUCTION WITHOUT RESERVE.
Expert:  Clare replied 1 year ago.
Has the property actually been transferred into their names or does it still belong to the estate?
Customer: replied 1 year ago.
THEY ARE JOINT ADMINISTRATORS OF THE ESTATE AND THE PROPERTY IS UNDER THEIR CONTROL. THE PREVIOUS CONTRACTS HAD THEIR JOINT NAMES ON THEM.
Expert:  Clare replied 1 year ago.
Does your wife remember if they have signed an AS1?
Customer: replied 1 year ago.
I DO NOT THINK THEY HAVE SIGNED THIS FORM JUST A CONTRACT OF SALE FOR THE COMPLETIONS THAT NEVER MATERIALISED.
Expert:  Clare replied 1 year ago.
Does the house form part of the Residue of the Estate going to your wife and her sister - or was it a specific gift to them both?
Customer: replied 1 year ago.
THE PROPERTY FORMS PART OF THE RESIDUE OF THE ESTATE AND WILL BE DIVIDED EQUALLY BETWEEN THEM WHEN IT IS SOLD HENCE OUR CONCERN THAT HER SISTER IS DELAYING THIS UNNECCESSARILY AS WE HAVE OFFERED £170,000 TO PURCHASE THE PROPERTY OUT OF THE ESTATE. OUR WORRY IS THAT IF IT GOES TO AUCTION NEXT FEBRUARY WITH A HIGH RESERVE WE WILL BE IN THE SAME POSITION THEN AS WE ARE NOW IF IT DOES NOT SELL. WE HAVE SUGGESTED AGAIN THAT WE PURCHASE IT FOR THE ABOVE SUM OR IT GOES TO AUCTION WITHOUT A RESERVE SO IT DIFINATELY GETS RESOLVED.
Expert:  Clare replied 1 year ago.
Thank you for that.You wife has two Court Options in terms of forcing the issueAs a joint owner of the property she can make an applictaion to the court using the Trusts of Land and Appointment of Trustees Act for an Order for the sale of the propertyThe court can set the price and method of sale - and give the history an agreement to go to Auction with no - or a low - reserve is a likely outcome.Alternatively your wife can apply within the Probate for an Order replacing her sister as Executor since she is not acting Properly in terms of realising the assetsI hope that this is of assistance - please ask if you need further details
Clare, Solicitor
Category: Law
Satisfied Customers: 33811
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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