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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Many years ago, 1991, our parents donated their bungalow in

Customer Question

Many years ago, 1991, our parents donated their bungalow in Truro to my brother and myself. They lived there until dying in 2012 & 2013 respectively. Neither of us have an intention of living in the property. My brother ***** *****ves mainly in Monaco and is a tax exile with at least 7 million pounds (as at ~2000 when he ceased UK domicile). The Deed of Gift states we hold the property as an estate in fee simple as beneficial tenants in common in equal shares. My brother has stated that he does not wish the sell the property until his death.
I would like to sell the property so that it can be of use, rather than remaining idle.
How do I go about this please?
Dr. ***** *****
Submitted: 6 months ago.
Category: Law
Expert:  Aston Lawyer replied 6 months ago.

Hi Dr, Thanks for your enquiry. Of course, it would be far easier and cheaper for you to come to an amicable agreement with your Brother as regards ***** ***** property. However, if all else fails, as you are holding the property as tenants in common, either of you could make an application to the Court in order to obtain an Order for Sale. The claim would need to be pursued in the County Court which would take at least 2 to 3 months and if you cannot agree a price, the court will appoint a surveyor to nominate a price which the court will usually rubber stamp and set the price of this level. You can of course make submissions to any surveyor that is appointed that ultimately the surveyor will make his own independent decision.

A judge has substantive discretion in such matters and if your Brother can demonstrate to the judge that a sale would not be beneficial, an Order may not be made. However, as your Brother is not residing in the property, it is highly likely that you would be granted an Order. I would therefore suggest that you contact your Brother and explain that you will take Court action unless he willingly agrees to sell. I hope this assists and sets out the legal position. Kind Regards Al

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