How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

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
Please kindly remember to rate positively so that we receive credit for our work
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
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice