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Category: Property Law
Satisfied Customers: 33376
Experience:  Barrister at Self Employed Barrister
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My sister and I own a house (50/50). It's worth about

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My sister and I own a house (50/50). It's worth about £550,000. My sister wants to sell it, but I don't. We own 50% of the house each. What right does she have to sell the house against my wishes? She has already put it on the market against my wishes. She now wants to accept an offer, I have tried to say no.
It was our father's house, but he changed the ownership over to us before he died. Even though the house is in our two names, we have agreed to split the proceeds between four of us (2 other sisters- who don't officially own the house).
The 2 other sisters want to sell the house too (but as I said, they are not official owners). So including them, there are 3 people telling me to sell the house.
There is nothing written on the will about my father's wishes.
To conclude: two sisters own a house, one wants to sell (and has an offer) and one wants to keep. Who has rights?
She can not sell the property without your agreement as you both are joint tenants for the property. However as you own the property 50:50 then your other sister can take you to court to ensure that a sale for a reasonable sum takes place. This is a classic case which would fall under the Trusts of Land and Appointment of Trustees Act. She is entitled to apply for an order for sale. Whilst the court have a discretion in such matters it is unlikely given what you have said that the court would not agree to an order for sale.This process is expensive and as such you may wish to agree a compromise with your sister.Please remember to rate
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Customer: replied 2 years ago.
So you say she can't sell- but if she took me to court- she would almost definitely be granted a right to sell?
So she would win anyway? The property has sentimental value (we were all born there). It is not about the money. I do not want to sell it yet. Everyone else disagrees with me. Is there anything else I can do?