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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own one third of a property with my two sisters. If i wish

Resolved Question:

I own one third of a property with my two sisters. If i wish to sell my share independently of them, can I do that?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The property belonged to our father - was inherited by my stepmother when he died. She then gifted it to us three sisters.
Expert:  propertylawyer replied 1 year ago.

Hello

Thanks for your question.

You cannot sell the property without agreement of your two sisters.

If you wish to sell and your two sisters do not you can only then do so with a court order.

Any questions or queries?

Happy to assist further.

Customer: replied 1 year ago.
Thank you. On what basis would the court order be granted?
Expert:  propertylawyer replied 1 year ago.

The court has a wide discretion in such cases. You should instruct a solicitor to make an application to court under section 14 of the trusts of land and appointment of trustees act 1996, to ask the court to order a sale. Any person who is a trustee of land or has an interest in property, which you are/do, subject to a trust of land may apply to the court for an order.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 years

Your original question was could you sell your share .

The answer is yes if you can find someone who wishes to purchase a third share when their name cannot be recorded on the title.

In terms of forcing sale of the whole property that s much easier - in fact the court has only a very limited discretion and in a case such as this the sale WILL be ordered.

Yours tarting point is to write to your sisters telling them that you require that they buy you out or the property is sold - and that if not then you will apply to the court for an order for sale and ask that they pay your costs.

Customer: replied 1 year ago.
Thank you very much for this guidance Clare. Could you estimate the length of time it would take for a Court Order to be granted in this matter? Best wishes Jill
Expert:  Clare replied 1 year ago.

very roughly on average between three and five months

Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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