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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have inherited a quarter share in a small bungalow I want

Resolved Question:

I have inherited a quarter share in a small bungalow I want to sell my share. I need to know my rights.
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
2 of the people don't want to sell, and one is living in the house rent free
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did the Will say anything about when the property could be sold?

Customer: replied 9 months ago.
No
Expert:  Clare replied 9 months ago.

Has the property already been transferred into your joint names?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
The current situation is that two people don't want to sell, and one of them is living in the house rent free.
Expert:  Clare replied 9 months ago.

In that case the three of you own the property on the basis of a "Trust for Sale" and that Trust for sale can be called in at any time.

This means that you can apply to the Court for an order for Sale using the Trusts of Land and Appointment of Trustees Act - which will be granted, and an Order that the third person mays 'Occupational " rent for your share of the property

The process is described here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

I hope that this is of assistance - please ask if you need further details

Clare and 2 other Law Specialists are ready to help you