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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
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Yes you have grounds to force a sale
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When you say you offered her share £15k under market, do you mean you offered to sell your share to her for £15k under market value.
Thank you for that additional information, that will be helpfull in allowing me to advise you today. That was very fair and will help your case.
To start the process you would need to offer an opportunity to attend mediation with the other owner. The court would want to see this has happened.
If they refuse to attend then that will also help your case.
Make the offer again in writing.
Next, if the property is owned as Joint tenants, then make an application to the Land registry to sever joint tenancy and become tenants in common. You would not need the other owners permission to do that but would need to serve them notice of the application.
Once tenancy is severed, you can then contact your local county court and apply for a hearing to seek a CCJ. Once you have the CCJ you can then approach the other owner and ask them to sell. If they still refuse, the. You return to court to seek enforcement of the CCJ and request the order to sell. The house can be put on the market if she still refuses to seek them a judge will sign a sales agreement
As for the tenant in the property. They can remain and the property can be sold with a sitting tenant.
Otherwise you would need to serve them notice to leave. That is a separate landlord and tenant matter.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.