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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6817
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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Tenants in common sharing house, one tenant in common is

Resolved Question:

Tenants in common sharing house, one tenant in common is earning an income by using the house as a care home. Should their income be shared with the other tenants in common?
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.
No, being a tenant in common relates solely to how the house is held in law, it means that each owner has a distinct share that can be sold without reference to the other co owners. It does not carry any additional rights or burdens.
I hope this helps should there be any further points please reply I will be happy to respond.
Best Wishes
Michael
Michael Holly and 3 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Michael. Our situation is that my husband and I and my brother are tenants in common. My husband and I wish to sell and retire, my brother does not and although not living at the house and not contributing to its upkeep, he wants to hang on to his investment. We have been trying to sell since 2011 and have received one only offer of £240,000. He wants to sell for £280,000 but in 4 years the price has gone down and down and we want to go and retire. Can we ask a court to make him sell? We have suggested he buys us out or pays us a monthly agreed payment, but he will not. He is in effect, making us live here against our wishes.

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