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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I have a Tenancy in Common property in England; registered

Customer Question

I have a Tenancy in Common for a property in England; registered with Land Registry April;1995
I understand we own 50% in equal share of the property and I assume this is completely unaffected by the fact I have not lived there albeit I paid the initial deposit and mortgage for many years until her son reach 21 yrs - end of school years..
I had previously request the other TiC to sell the property, but they have refused to do so. The son has since married (1999?) and still lives there.
This has been ongoing since at least October 1997.
I was then 57. I am now 76 and becoming VERY concerned with regard to passing my share to my 3 children.I note from the Land Registry "Public Guide 18 - Apr 2013" that I can:
1. give away, sell or mortgage my share.
2. If I die my share passes to my beneficiary in my Will.If I am still unable to get the other TiC to sell the property, I must safeguard my share of the property goes to my three children (all adults).
I feel that just including in my Will, it will NOT be any advantage to my beneficiaries; i.e failing to obtain a sale without expensive Court proceedings.
A. I would like to 'sell'** my share to each of the Beneficiaries in equal shares of 33-and-one-third% each of my 50%
B. Alternatively, to sell my 50% share to a third party.** "sell" as in nominal sum of £1 each. If I "give away" I fear the other TiC will somehow contest it in order to gain full, or greater, percent of the value of the property.Your advice please.
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Is there any reason why you have not yet forced the sale?