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Category: Property Law
Satisfied Customers: 33372
Experience:  Barrister at Self Employed Barrister
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Stuart. I have a joint share in a house with my father and his wife. my father has just

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Hi Stuart. I have a joint share in a house with my father and his wife. my father has just passed away and his wife I know now has the funds to pay off the mortgage. I am named on the mortgage and the title deeds to the house. What I need to know is once she has paid off the mortage where do I stand with my third. Can I force a sale if she won't buy my share of the house or if she refuses to sell so that I get my share? Thank you
Does the will say anything about the property?
Customer: replied 2 years ago.

As far as I know he didn't have a will but I don't know for sure if she would have get him to do one. I have signed a paper that allows her to deal with his finances as he was unable to deal with anything like that

Ok well if the property is held as joint tenants and a party to the original agreement has passed away you will be entitled to apply to the court for an order for sale if they can not be agreed between you and his wife. So to answer your question you would be permitted to ask the court for an order for sale. It is always better to try and agree such matters where possible.Please rate positively.
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Customer: replied 2 years ago.

Thank you for your help. You have given me the answer I needed. Thank you

My pleasure - please rate positively