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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 854
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I own a property 50/50 share with my brother-in-law,I want

Customer Question

I own a property 50/50 share with my brother-in-law,I want to sell the property but he refuse. He cannot buy me out. I am 72 and my wife is 67,my brother-in-law is 74.The reason for selling is that we cannot manage the upkeep of the house and would like to downsize to something we can manage .The house is a hundred year old and dated and a semidetatched two-story house,with lots of stairs.My brother-in-law has a bedroom downstairs ,the only bathroom is upstairs,but there is a toilet downstairs .He don't do any cleaning or upkeep of the house ,it is left to me and my wife. What are our options,can we force a sale or do we have to go to court? Will it be expensive to go to court? Both my wife and I are diabetic,have artheritis and high bloodpressure and living like this is getting us down.
Submitted: 11 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Welcome to Just Answer

I am a solicitor and will assist you.

I am sorry to hear about your curren difficulties.

Please may I ask:

- do you know if you are joint tenants or tenants in common?

- how much equity is in the house?

Kind Regards

Caroline

Customer: replied 11 months ago.
Tenants in common.The property is worth about £700000-£800000,there is no morgage on house.We own 50/50 each.
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Thank you for confirming that me.

The relevant area of law is the Trust of Land Act.

If your brother simply will not agree that the house should be sold then you will need to make an application to court.

This would be an application to your local county court. The court does have the power to make an order for the property to be sold if your brother will not agree. Such an order would allow you to realise your interest in the property.

Given that there is significant equity in the property - I do not envisage the court not agreeing to your application as there is the ability to be able to meet both yourself and your wife - and your brothers housing needs.

You can represent yourself in such proceedings. If you wanted to do this the only court fee would be £255. You would need to complete a Claim Form Part 8 and send it to yoour local county court.

If you were to instruct legal representation for such an application and your brother choose to contest your application and a final hearing was needed - you would be looking around £7 - £10k for your legal fees.

It is also worth considering mediation. This might help you reach an agreement with your brother without the need for court. A mediator will not be able to force an agreement so if an agreement cannot be reached then you will have to make an application to court. If you want to try mediation first - 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 11 months ago.
Thank you for your answer.
If we get an order to sell ,can we then put the house up for sale even if my brother in law still refuses and will he have to take us to court to stop us?
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

No - you wont need to return to court if the court makes the order for sale.

Kind regards

Caroline

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