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Order for sale/partition query

Sundaymorning6
Sundaymorning6 Posts: 20 Forumite
10 Posts First Anniversary
in House buying, renting & selling

Sorry in advance for all questions!

Has anyone ever known it possible to sell a share (half) of a residential property, or if it went to a court would they just order the entire property sold?

I know it sounds impractical to divide a house, but is there no way to only sell one’s interest in it?

If a court refused the sale (for example children living there) what would be alternative options? Does anyone have any experience of this happening?

Thanks

Comments

  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    In general people sell half to the owner of the other half. Courts don't usually order a sale till children have grown up.
    I am not a cat (But my friend is)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 20 July 2021 at 2:05PM
    Who is going to buy half a house?

    Even if you found somebody, would they pay 50% of full price, or considerably less...?
  • Sundaymorning6
    Sundaymorning6 Posts: 20 Forumite
    10 Posts First Anniversary
    AdrianC said:
    Who is going to buy half a house?

    Even if you found somebody, would they pay 50% of full price, or considerably less...?
    Yes I completely see your point, I am clutching at straws at this point!
  • Sundaymorning6
    Sundaymorning6 Posts: 20 Forumite
    10 Posts First Anniversary
    Alter_ego said:
    In general people sell half to the owner of the other half.
    Sadly this isn’t an option, the other owner is avoiding the issue of selling. I’ve exhausted that option. At the
    moment I am getting no financial benefit while they live there. 
  • saajan_12
    saajan_12 Posts: 5,779 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sundaymorning6 said:
    Alter_ego said:
    In general people sell half to the owner of the other half.
    Sadly this isn’t an option, the other owner is avoiding the issue of selling. I’ve exhausted that option. At the
    moment I am getting no financial benefit while they live there. 
    Absent other agreements or court orders, your options are 
    - move in yourself
    - let out your room (note you'd be a landlord, with all the responsibilities and if the co owner made problems for the tenant, that could be an issue)
    - file to force the sale in court (unlikely if children live there)

    Other options you can investigate, but can't insist on, they would take negotiation:
    - co-owner to pay you a rent in return for exclusive occupation
    - mortgage the property, so you can use the cash elsewhere
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 July 2021 at 6:25PM
    Sundaymorning6 said:
    Alter_ego said:
    In general people sell half to the owner of the other half.
    Sadly this isn’t an option, the other owner is avoiding the issue of selling. I’ve exhausted that option. At the
    moment I am getting no financial benefit while they live there. 
    If it's the children's home then their welfare takes precedence over the other parties involved. Court by default takes guardianship and protects the children's interests. 
  • Sundaymorning6
    Sundaymorning6 Posts: 20 Forumite
    10 Posts First Anniversary
    Would there be any possibility of a court order so that I could be bought out or some rent charged? 

    Basically there is no chance that the other owner will make any payment voluntarily. We didn’t buy it together, it was left to us you see. 
  • RAS
    RAS Posts: 36,590 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you spouse/partner or sibling?

    Who is the executor, in which country?

    Might be better in the probate and will forum?
    If you've have not made a mistake, you've made nothing
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