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Ask AlisonSolicitor Your Own Question
Category: Republic of Ireland Law
Satisfied Customers: 53
Experience:  Expert
Type Your Republic of Ireland Law Question Here...
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I bought an apartment with a friend 15 years ago. I lived in

Customer Question

Hi I bought an apartment with a friend 15 years ago. I lived in it for 2.5 years and then moved away with my partner. My Co owner has remained in the apartment all these years and tenant has covered my half of the mortgage. At times I have had to add to the rent to make mortgage payments. I would now like to sell the apartment and build a home for my family however I cannot get a mortgage with the apartment. I have asked her to sell and she has refused wanting to take over the mortgage herself but the apartment is worth near 80k over the balance on the mortgage. At this stage she has offered me 25k but I am loosing about 16k. What are my options? Is it worth it to take legal action against her and force the sale.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have emails going back and forward to her. I also got the apartment valued by an Estate agent. I have a copy of the land registry
JA: Have you talked to a lawyer about this?
Customer: I talk to one briefly and he said agree to 30k and run but I just feel that she is now pushing down the price to low. I have paid a huge amount over the years and feel robbed out of an asset. But I don't know if legal action is a suitable way to resolve this. Is it going to cost a huge amount and will it go my way
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that's it? Thank you
Submitted: 13 days ago.
Category: Republic of Ireland Law
Expert:  AlisonSolicitor replied 13 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  AlisonSolicitor replied 13 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  AlisonSolicitor replied 13 days ago.

If you want to sell but your co-owner does not want to sell the property, the first option would be for her to buy you out.

As you don't agree with the amount, then you can file an application with the Court for partition and/or sales. However, the Court can also deny or refuse the sale.

Expert:  AlisonSolicitor replied 13 days ago.

If you will take this to court, there are several things to consider, like Legal Fees and Costs.

In engaging the services of a solicitor, he/she will advise you in writing of their fees. The average hourly rate for a partner in a medium-sized Dublin law firm is €400 per hour.

There would also be a court fee. Court fees must be paid by persons using the courts for many of the operations carried out by each of the court offices.

Usually, if you win your case, most or all of your costs (including legal fees) will be paid for by the other party. However, you may be obliged to pay all the costs and fees of your own legal team and that of the other party in the following situations:

  • if you lose your case 
  • agree to accept an amount less than your full claim 
  • a court fails to award you your costs or a proportion of them 
  • the court awards costs against you

Only the Court will decide if the case you will file can go your way.

Expert:  AlisonSolicitor replied 13 days ago.

Is there anything else I can help with today?

Expert:  AlisonSolicitor replied 12 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.