Tenants in Common x4

M1JWR

yes from 2012 to 2014
lawyers in the area are expensive and useless

TBagpuss

M1JWR wrote: »

yes from 2012 to 2014
lawyers in the area are expensive and useless

Unless 'the area' is so small that there is only one firm of solicitors I suspect that this is not the case - it may well be that the solicitors have given parties advice that they find unpalatable.

If they are convinced that the local lawyers are useless it would be worth their while to find a slightly less local one who is an expert on property disputes, to get a second opinion.

It is normally possible for 1 (or more) tenants in common to force a sale but it is expensive and time consuming, and it is unlikely that a buyer will wait for the length of time it would take to go through the courts.

xylophone

looks like the only option is to split the property

What do you mean?

I am still flummoxed.

Was the original situation that the mother and elder son purchased ( with a mortgage) a property which consisted of a farm and and attached barn?

The younger son was bankrupt and needed a place to live so suggested to his mother and brother that the barn should be converted so that the barn and the farmhouse would each be a semi-detached, self contained property?

The bankrupt son (although having employment (?) income) could not obtain a mortgage by himself so his mother and brother agreed to an increased joint mortgage with him and all three became tenants-in-common of the whole property?

The conversion was effected, the younger brother moved in and the property was formally divided so that there were separate titles to the barn and the farmhouse?

The younger brother then became sole beneficial and legal owner of the barn conversion but remained a tenant-in-common on the farmhouse?

The younger brother married and he gave his wife a half share of the barn such that they are the joint owners of the barn?

He also gave her half his share of the farmhouse, so that the owners of the farmhouse (as tenants-in-common) are the mother, elder brother, younger brother and wife?

The younger brother and his wife have had a major disagreement with the mother and elder brother?

All parties would like to sell the farmhouse and an offer has been received but the younger brother and wife do not like the proposed purchaser and refuse consent to the sale?

If all the above is the case then either the farmhouse remains on the market until a purchaser approved by all parties makes an offer or the mother and elder son go to court on the grounds of the unreasonable behaviour of the younger brother and his wife and get an order for sale?

M1JWR

The farmhouse is not just that
there are outbuildings and land
the "wife" is not a tennant in common on main property
the hen got that bit wrong

M1JWR

TBagpuss wrote: »

Unless 'the area' is so small that there is only one firm of solicitors I suspect that this is not the case - it may well be that the solicitors have given parties advice that they find unpalatable.

If they are convinced that the local lawyers are useless it would be worth their while to find a slightly less local one who is an expert on property disputes, to get a second opinion.

It is normally possible for 1 (or more) tenants in common to force a sale but it is expensive and time consuming, and it is unlikely that a buyer will wait for the length of time it would take to go through the courts.

sorry i should have said the lawyers from the nearest city are expensive and useless

AdrianC

Let's go back a step, because this is confusing as all hell...

There is a property which is owned jointly by A, B and C - and is for sale.

D has put an offer in, but A does not want to sell to D.

Can B and C force the sale without A's approval?

Simple answer, no. Not without going to court. All joint owners need to agree.

I don't see how anything else is relevant to the actual question. It's all very interesting as to motives and underlying personal tensions, in a tv-soap-car-crash kinda way, but it's not actually relevant. If they are not capable of agreeing like sensible grown-ups, then they should not have got themselves into the situation of being joint owners in the first place. Unless and until they CAN agree, then either the place is going to remain unsold, or the lawyers are going to benefit. Wherever in the country the lawyers are from.

M1JWR

AdrianC wrote: »

Let's go back a step, because this is confusing as all hell...

There is a property which is owned jointly by A, B and C - and is for sale.

D has put an offer in, but A does not want to sell to D.

Can B and C force the sale without A's approval?

Simple answer, no. Not without going to court. All joint owners need to agree.

I don't see how anything else is relevant to the actual question. It's all very interesting as to motives and underlying personal tensions, in a tv-soap-car-crash kinda way, but it's not actually relevant. If they are not capable of agreeing like sensible grown-ups, then they should not have got themselves into the situation of being joint owners in the first place. Unless and until they CAN agree, then either the place is going to remain unsold, or the lawyers are going to benefit. Wherever in the country the lawyers are from.

Thanks, the difinitive answer
its true what they say, you can pick friends but families are a different matter

Sjmb

Who gets the henhouse? Worried about where all the headless chickens are going to live....

xylophone

The situation now seems far clearer - the mother and elder brother purchased ( with a mortgage), a farmhouse with attached barn, land and other outbuildings.

There was a bankrupt younger brother who wanted the attached barn converted to provide him with a dwelling house.

The mortgage was increased to enable this to be done and the younger brother became a joint mortgagee and tenant -in- common of the whole shebang.

Once the conversion was finished, (creating a pair of semis), the title to the barn only was separated from the main title and the younger brother became sole tenant of the conversion while remaining a tenant-in-common with his mother and brother of the rest of the property.

On marriage, his wife became a tenant-in- common with him of the conversion.

Some four years ago, the younger brother fell out with his mother and sibling. He wanted the farmhouse and associated land etc sold and the other two were not averse to the proposal.

It would seem that finding a buyer has not been that easy but one has now popped up who is willing to pay the agreed price.

The fly in the ointment is that the younger brother does not like the would be purchaser and is unwilling to sell.

Having waited so long and (apparently) been treated with scant respect and courtesy, the mother and older brother have had it up to the proverbial with the whole business and want shot of the farm, the land, the outbuildings and the younger brother and his spouse.

They will need to take legal action if they wish to force a sale - under all the circumstances, and as they have a willing purchaser ready to pay full market value (?),they might get judgement in their favour on the grounds of the unreasonable behaviour of the younger brother?

getmore4less

wonder what happened to this one......