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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 31555
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I would like to understand the rights and responsibilities

Customer Question

I would like to understand the rights and responsibilities of two individuals who jointly own a holiday cottage and have agreed to sell it in the open market.One of them is the registered proprietor of the land, where as the other is named as a person without whose consent no disposition by the former is to be registered.And more specifically can the proprietor appoint a solicitor and estate agent of his/her choosing if no agreement can be reached in the matter by the parties?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not at this moment
Submitted: 5 days ago.
Category: Property Law
Expert:  Joshua replied 5 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 5 days ago.

Are you able to kindly be a little more specific in terms of the questions you have in relation to the above please?

Customer: replied 5 days ago.
The 31 year old ownership arrangement my wife entered into with her sister is a complex one. She has been trying to extricate herself from it for the past 15 years without success, as her sister wanted to buy the property at a ridiculously low price and consequently has blocked every attempt to achieve a fair market value.
The sister has finally agreed to resolve the situation by selling the property.
We are anticipating that she will want to appoint her husband’s firm of solicitors to handle the sale and the list of ridiculous financial claims in relation to the property against my wife.
At this stage my question is purely one of principal.
Does my wife as the sole proprietor have the power to appoint a solicitor for the sale, as an agreement in this matter with her sister is going to be highly unlikely.
I should add that the sister has had exclusive use of the property for 15 years and has filled it with trash. As the sole proprietor does my wife have the authority to issue a notice for the house to be cleared?
Expert:  Joshua replied 5 days ago.

thank you. Ideally of course it is preferable for co-owners to agree matters between themselves as regards ***** ***** interests in the property. If agreement cannot be reached in this respect, either co-owner would have recourse to the courts under section 14 trusts of land and appointment of trustees act to require the other to buy out their share or for the property to be sold or indeed of course either of the co-owners could make a market offer for the others share. where one co-owner is proving difficult in terms of any sale, then the other can also in addition to the above make an application to the court to have sole conduct of any sale which would include making determinations in regards ***** ***** agent if any is appointed to market and which solicitor is appointed to deal with the sale

In terms of determining respective shares in the property, where someone owns a property as joint tenants, or tenants in common there is a presumption that each of them own 50% in the property. It used to be quite difficult to depart from that presumption however, following the decisions in Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53 it is now open to a party has contributed more than the other to dispute that they intended to make a gift of the difference between the respective contributions as a gift to the other. Evidence that can be adduced in support of that position would include that there was otherwise no sharing of finances other than perhaps a joint expenses bank account but otherwise their respective finances were kept entirely separate and there being no documentary evidence or other evidence of agreement between them that such difference would amount to a gift. Where that can be demonstrated, an application can be made as above under section 14 of the trusts of land and appointment of trustees act in the same claim to request a court to determine respective shares in the property based on respective contributions.

Customer: replied 4 days ago.
Thank you Joshua. that was helpful. Regards Arpad
Expert:  Joshua replied 4 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 3 days ago.
I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

Customer: replied 3 days ago.
Thank you will do.
Expert:  Joshua replied 3 days ago.
I'm glad the above was of some assistance