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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 865
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I jointly own a property with my sister and I want to sell

Resolved Question:

I jointly own a property with my sister and I want to sell but she doesn't. What can I do?
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.

I can confirm that as a Joint Owner of property with your sister – if you want to sell the property – but your sister will not agree then your recourse is to make an application to Court under the Trust of Land Act.

Such an Application can be made to your local county court.

The Form that you need to apply to Court is this one:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=431

You are asking the court to make an order for sale of the property so that you interest can realised.

There is a court fee of £280.

You may want to give consideration to Family Mediation before you apply to court. Family mediation is informal but can try and help you both reach an agreement. It may be that if your sister does not want to sell the property that an offer is made to buy out your share and a repayment schedule can be agreed through mediation. There are lots of 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.

Let me know if I can help you further.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Thank you. Can you conceive of a situation where she can block the sale?
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

It is a concern of the court if your sister has minor children of hers residing in the property as the court will consider the children's housing needs.

If this isn't the position - and there is equity that needs to be split - then the court will likely order the sale so your share can realised.

Kind Regards

Caroline

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