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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
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Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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After probate, if a will states 50, 50 on a property or

Resolved Question:

After probate, if a will states 50, 50 on a property or estate and one person wants to rent the property and the other person does not what happens then
Submitted: 6 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 6 months ago.

Hi,

At the end of the day, the 2 beneficiaries do really need to come to an agreement. In these circumstances, it would be usual and reasonable for the one party to buy out the other party's 50% share (the one party who wishes to rent out the property could use the property to finance a mortgage over it, in order to realise sufficient funds to pay out the other party).

If this can not be agreed, the party who wishes to keep the property is somewhat stuck, as the other party could, in theory, apply to Court in order to obtain an Order for Sale, meaning that the property would have to be sold. This Court action is only possible once the Deeds tot he property have been transferred into the names of the 2 beneficiaries.

I hope this answers your question, and sets out the legal position.

Kind Regards

Al

Customer: replied 6 months ago.
If one benericiariy as the deeds at what stage would both have them.
Expert:  Aston Lawyer replied 6 months ago.

Hi, it s up to the Executor(s) if there was a Will, or the Administrator (if there was no Will) to get the appropriate Land Registry Assent document signed and registered at the Land Registry, which is the document transferring the property to the 2 beneficiaries. Kind Regards Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10349
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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