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Thomas
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Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am considering leaving my home upon my death to my two children

Resolved Question:

I am considering leaving my home upon my death to my two children on a 50/50 basis. Both are adult. One of them lives with me currently. I am concerned at what might happen to either (or both) in the event of a subsequent dispute. Should one of them wish to sell their share and the other does not want to acquire it 1) Could the "seller" dispose of his/her share to another third party? 2) If "yes" could the other successfully resist occupation by the new third party?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Neither could sell the property without the consent of the other. This is because both of their signatures are required in order to transfer the property.they both need to sign the land registry transfer form to convey the title and it cannot be conveyed without both of their signatures.
If one wished to sell and the other did not then the one wishing to sell would have to apply to court for an order for sale of the property. these orders are only seldom refused and so it is likely that ultimately a court would order the property is sold,
However the order would be for the whole of the property to be sold and not just one of the halves owned by your children to a private individual.
Kind regards
Tom
Customer: replied 1 year ago.

`You say that a court would likely uphold the decision to sell the property but would it make any difference if the one that did NOT want to sell inhabited it as their only home?

Expert:  Thomas replied 1 year ago.
Hi,
Thanks.
Basically no, although they would be afforded time to arrange alternative accommodation.
Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7591
Experience: UK solicitor holding an England and Wales practising Certificate.
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