How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10451
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

A house is owned by 3 separate parties who are all of the same

Resolved Question:

A house is owned by 3 separate parties who are all of the same family. The property has been empty and unused for over 20 years. During that time 2 of the parties have wanted to sell the property but the 3rd party constantly refuses to sell. Can the 2 parties wanting to sell go ahead and force the sale on the open market even though the 3rd party refuses. All parties will be entitled to their own share of the proceeds of the sale.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you just confirm that the 3 parties hold the property as Tenants in common?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

For Aston Lawyer.

The property was family owned since the 1920's

It was jointly owned by my father, his sister and another brother (now deceased). In the will of my deceased uncle he left his estate to myself and a number of other siblings. All 3 parties (my father, my aunt and the siblings) own equal 1/3 shares of the property.

There has never been any difficulty with the sharing of any such property but we have always had problems with my aunty who refuses to sell. My father wishes to sell as do the siblings. In order to try and appease her we have tried to negotiate but without success. The property is in urgent need of a full renovation to make it habitable. Neither of the 3 parties are in a position to buy out the others and my aunty just refuses to undertake any negotiations. The value of the property is reducing due to the overall state of the building.

Expert:  Aston Lawyer replied 2 years ago.

Hi Liam,

Thanks for your reply.

Your father is entitled to force a Sale, but does mean him having to go to Court for an Order for Sale. As a Tenant in common, any party can take this action, and the Court would normally grant the Order unless there were special circumstances as to why the other party (your aunt) demanded that the property not be sold.

I am sure your father won't want to take any such Court action, but if he mentions to your aunt that he has taken legal advice and that he will seek any Court costs from her if Court action is required, I would hope that your aunt will see sense and

agree to a Sale proceeeding.

I hope this helps and sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

For Aston Lawyer.

Many thanks for the prompt reply. For clarification...Is it only my Father who can instigate court proceedings for the order of sale or can the siblings do so separately.

I know that my Dad wants to get rid as soon as as do the siblings. Can both parties undertake the court proceedings as a joint approach.

An estimate of costs might well be outside your remit but if you could give some indication as to possible costings to bring about such an action would be appreciated when discussing the options with my Dad and the siblings.

And finally, what sort of time period from the date of the initial application is made to the court and a decision is received.

Many thanks

Liam Preston

Expert:  Aston Lawyer replied 2 years ago.

Hi Liam,

Any registered owner could instigate proceedings (one or can be done jointly).

I am not sure if the title will have been updated to show the siblings of your deceased Uncle as owning a share in the property- if it has not, then they can not issue proceedings- the title would have to updated before they could issue proceedings).

I am afriad cost wise, you are looking £15-£20,000 if it goes "all the way" and aunt contests it.

Time scale- again depends how much aunt contests, but anything from 6-12 weeks.

Hope this helps.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you

Related Property Law Questions