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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 851
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughter and I have a tenancy in common. 30% mine 70% hers.

Resolved Question:

My daughter and I have a tenancy in common. 30% mine 70% hers. I want to sell up she refuses what can I do?
She has a 14 year old son.
There is no mortgage involve.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask you to provide me with more detail in respect of the property - what is the value of the property? - how many bedrooms does it have?
Also what would be the average cost to rehouse in a 2 bedroom property in your area?
Kind Regards
Caroline
Customer: replied 1 year ago.
Value £430,000 10 10 2015
It has 3 bed rooms.
A two bed in the local area is £250,000 circa
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
As a Joint Owner in the property you are able to make an application to the court under the Trust of Land Act asking for an order for the sale of the property so that your interest in the property can be realised.
Upon this type of application being made to the court - the court will consider the housing needs of any child residing in the property when considering whether it should order a sale of the property.
Given what you have stated about the value of a property it does seem that the housing needs of the child could be met in another property in your local area.
The first step that I would advise you to consider is to refer this matter to Family Mediation. Family mediation will help you both try and agree what should happen in respect of the property. There are lots of family mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to get the ball rolling.
If this cannot be agreed at mediation then you can make an application to your local county court for an order for sale. It would assist you at court to argue that the housing needs of the child can still be met if the property is split and the monies are divided.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Thank you so much for your prompt reply.
Just on last thing.
Do you have a rough idea of the cost involved in an application to the court..
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Glad I could help you.
The court fee for this type of application is £280.
You submit your application on a Claim Form Part 8.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
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