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I own a flat with my ex it is a joint tenancy how do i sell

Resolved Question:

I own a flat with my ex it is a joint tenancy how do i sell my half if he won't sell
Submitted: 9 months ago.
Category: Property Law
Expert:  propertylawyer replied 9 months ago.

Hi Lyn

Thanks for your question.

Property ownership is complex. But basically, you will only be able to sell in two circumstances (1) your ex agrees to it or (2) with an order of the court.

All the legal co-owners must join in any sale of the property, which can present problems if one co-owner wants to sell and the other co-owner does not want to do so.

The court may make any order it thinks fit to resolve the dispute, the matters to which the court is to have regard in determining an application for an order include the following:

  • The intentions of the person or persons.

  • The purposes for which the property is held.

  • The welfare of any minor who occupies or might reasonably be expected to occupy the property as his home.

Therefore if you want to sell and the other owner refuses you will need a court order.

I hope my answer is helpful. If you have any queries in relation to my reply please let me know.

Please can i ask you to accept/rate my reply.

Kind regards

Paul

Expert:  Clare replied 9 months ago.

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

This is not an unusual position and the process of forcing a sale is set out here

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

In fact the court has very little discretion in the matter UNLESS there are young children in the property.

Clare

Clare, Solicitor
Category: Property Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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