Selling house jointly owned

binky33

Hi
When our father died he left my brother and I his estate which included a house which is rented out and we both get 50/50 of the rental income.
I need to sell my half of the house as I have been laid off and my bills are mounting up.
I have made inquiries and buy to let investors would buy the property with the good tenant we have in there but my brother won't sell.
He knows I need the money but he apparently is comfortable and prefers to continue to rent. BTW there was no offer of help for my predicament.
Does anyone have any ideas or advice please on what I can do?
Obviously being strapped for cash means paying a solicitor for definitive advice is a little out of my league at the mo.
Many thanks
Binks

TrickyDicky101

You would need to persuade your brother to sell or, failing that, take him to court to force him to. Expect the latter option to be very expensive and prolonged.

macman

Firstly you need to clarify how you own the property. Are you joint tenants or tenants in common?
If the latter, you can force a sale as 50% owner. If the former, he has to agree, as you both own the whole property, and no court can force his hand.

TBagpuss

Unless there is a specific agreement to the contrary, you can insist on a sale. You may have to apply through the court to achieve this but if that is necessary, and if you follow all the correct steps, you would be able to claim your legal costs back from your brother.

it may be worth speaking again to your brother, explaining that you can force a sale and that if he is obstructive he may end up paying your costs. Offer him the opportunity to buy you out, and if he ignores you or continues to be unwilling to cooperate, then it would be worth getting some legal advice to ensure that you tick all the right boxes to cover your own back, in forcing a sale.

You will need someone familiar with ToLaTA claims.