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Clare
Clare, Solicitor
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Two brothers are left a property legally. What happens if

Resolved Question:

Two brothers are left a property legally. What happens if one of them wishes to dispose of the property and the other is unwilling? What are the options?
Submitted: 9 months ago.
Category: Law
Expert:  propertylawyer replied 9 months ago.

Hi

Do I understand you are the legal owner with the 3Rd party?

Do you and the third party hold the property as joint tenants or tenants in common? Do you know?

Expert:  propertylawyer replied 9 months ago.

Why does one party want to dispose?

What discussions have taken place?

What reason has the other party given for refusing?

Expert:  Clare replied 9 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

Where property is owned by more than one person it is automatically held on a "Trust for sale" and this is still the case where a property is inherited.

If one party will not agree to the sale then the other can apply to the Court for an Order for sale and this will be granted.

If the other party still wish to retain the property then they will have to offer to purchase the share of the one who wishes to sell it at market price.

Given the family relationship they may wish to try and resolve matters using Family mediation first

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33951
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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