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Forcing a House Sale
wills72
Posts: 79 Forumite
Hi, can anyone help?
My dad bought a property as tenants in common with his partner. They have since separated and he has moved out and rented a property.
He would like to get his money from the property previously bought with his partner. She has continually agreed that she will sell/buy him out etc. But after several years of promises he realises that she is not going to shift. Can he force a sale?
They did agree and sign something in which they agreed (when they bought the property as partners) that if one of them died, the other could stay for the remainder of their life, and at that point the house would go to their individual beneficiaries. They are both alive!
Is a solicitor needed for the process or could he do it himself?
Many thanks.
My dad bought a property as tenants in common with his partner. They have since separated and he has moved out and rented a property.
He would like to get his money from the property previously bought with his partner. She has continually agreed that she will sell/buy him out etc. But after several years of promises he realises that she is not going to shift. Can he force a sale?
They did agree and sign something in which they agreed (when they bought the property as partners) that if one of them died, the other could stay for the remainder of their life, and at that point the house would go to their individual beneficiaries. They are both alive!
Is a solicitor needed for the process or could he do it himself?
Many thanks.
0
Comments
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Yes, he can force a sale. This is not a straightforward case, and he'll need a solicitor, or to do an awful lot of research. Personally, I'd happily bring a small claim for faulty goods, but this is well beyond me.wills72 said:Hi, can anyone help?
My dad bought a property as tenants in common with his partner. They have since separated and he has moved out and rented a property.
He would like to get his money from the property previously bought with his partner. She has continually agreed that she will sell/buy him out etc. But after several years of promises he realises that she is not going to shift. Can he force a sale?
They did agree and sign something in which they agreed (when they bought the property as partners) that if one of them died, the other could stay for the remainder of their life, and at that point the house would go to their individual beneficiaries. They are both alive!
Is a solicitor needed for the process or could he do it himself?
Many thanks.No reliance should be placed on the above! Absolutely none, do you hear?2 -
Move back in.
That motivates a proper separation.8 -
He'll need a solicitor. The agreement about death will be contingent on them still being together if a solicitor was involved. It is possible to force a sale in this sort of situation.2
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I agree with the move back in statement. Or consider putting a lodger in your dad's halfAn answer isn't spam just because you don't like it......1
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Consult a solicitor. In doing so should spark the ex partner into taking action. Forced sales are costly and costs can be awarded against intransigent parties.3
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The issue is anyone in occupation has no incentive to change the status if they are happy living there.
Even worse if the absent one is still contributing.
They can just ignore anything from solicitors and once it gets serious they just start to make small eforts to look likethey are selling and the courts will just let them get on with it.
Easy to market a place and get no offers.
That will drag it out another year or two.
normally interest in possession is done in wills
Be interested in what was signed and when that creates the interest in possession as that has tax implications as well as them not being married which causes other tax issues,
.1 -
Realistically he would need a solicitor to force a sale.
A letter from a solicitor might just be enough to give his ex a kick up the backside.
If the ex refuses to co-operate and court action is needed, the ex may ultimately be ordered to cover the costs of the solicitor.2 -
Needs a specialist solicitor who knows both property selling/buying AND relationships/family law.
IE not your average nice but generalist high street solicitor.
CaB and shelter used to have guidance on their websites.
He could sell to someone else (? Or "suggest" he will?)1 -
Won't take much for the ex to work out the legal ownership cannot be transferred without their approval.theartfullodger said:Needs a specialist solicitor who knows both property selling/buying AND relationships/family law.
IE not your average nice but generalist high street solicitor.
CaB and shelter used to have guidance on their websites.
He could sell to someone else (? Or "suggest" he will?)1 -
Thank you for all your comments. I will let him know all your suggestions.0
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