Information on tenants in common please.

mumtoomany

Hello all. As the title says I'm looking for information on tenants in common. We bought our house, jointly with our daughter and her husband 13 years ago. Now we are both retired, and ageing fast, we would like to move back to civilisation. Son in law does not wish to sell!

Does anyone know where we stand legally, please?

Do we have the right to market the house? Can we force a sale?

We told them last August (2025)we wished to sell. They are unable to buy us out, (which was the plan 13 years ago).

We would like to leave here in the most amicable way, for the sake of our daughter and their children.

Thanks in advance for any information. I have tried to research online, but mistrust Google and AI.

Hugs, mumtoomany.xx

beckstar1975

Sorry - I can't help but sorry to hear this - I really hope you can find a way out of this which works for all of you and maintains decent relationships for all concerned xx

mumtoomany

Just to add, we are in Wales. Don't know if that makes a difference to anything. Mumtoomany.xx

mumtoomany

Thank you @beckstar1975. I'm hoping for an amicable solution too. We are close to our daughter and the children. Partly why im asking on here, rather than seeking professional advice. Hugs, Mumtoomany.xx

Keep_pedalling

is it just you and your husband living there or do you all live together?

Albermarle

Do each of you own 25% each ?

sammyjammy

Her husband doesn't wish to sell, what does your daughter think? If the intention was to sell up is that documented anywhere? Unless you can mediate this between you or you decide to stay put this is not going to end well financially for any of you.

Alderbank

The most amicable solution is for those who wish to stay to stay, and those who wish to move to move.

Regardless of what proportion each of you owns, you can buy or sell between yourselves at any price you agree on. When you say they are unable to buy us out, does that mean they think you are asking too much or can't they afford that amount? Could you reduce what you are asking down to what they can afford? Could you move out and they pay you rent? Could you give them some financial help to buy a smaller place locally?

The house can only be sold with the agreement of all the owners. However to force agreement you, or any owner, can go to court and apply for an Order for Sale under section 14 of the Trust of Land and Appointment of Trustees Act 1996 (ToLATA). That is certainly the least amicable act and will probably split the family for ever. Do you want that?

ToLATA is not automatic. The court will carefully consider many factors including the best interests of your grandchildren. Win or lose it will be very expensive.

Reading between the lines, is this an unequal split between you, your partner and your daughter who want to sell up and move versus your son-in-law who wishes to stay?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6688664/information-on-tenants-in-common-please

Did you draw up a Deed of Trust? Did this cover how disagreements would be resolved? Its not common but they can.

If its silent then in principle all owners (technically trustees) must agree to the sale. If they cannot come to an agreement then you do have the option of going to court under Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to try and get a court order on the sale https://www.duncanlewis.co.uk/housing_news/TOLATA_Orders_and_Court_Proceedings_What_to_Expect_When_Taking_Your_Property_Dispute_to_Court_%286_March_2026%29.html

If there is no deed of trust spelling out the ownership percentages then the court will draw their own conclusions and will consider things like the proportion each party contributed. Generally it will go the way of the majority percentage ownership, not headcount, however the given the original intent of a buyout the court may give them a timeline in which to complete the original intent.

mumtoomany

Thank you all for your replies. I'll try to answer all the questions.

The house is owned between myself, my husband, our daughter and our son in law. This is in four equal shares of 25% each.

We all live together here, alongside their 4 children, aged from nearly one to twelve. We are all sharing the house. There is a four bedroom extension partly built. This has been built, so far, by daughter and s-i-l. Part of yhe original house was removed to build this. No work has been done on this forseveral years! They have run out if money.

The house as it stands is worth around £600,000. We need enough to relocate. We would be happy with £250,000.

They cannot buy us out, as despite both earning good money, he spends it all and more, much of it on alcohol. They have a lot of debt beside the mortgage, hence why the building work has stopped.

We can talk to daughter, if he's not here. He refuses to engage. Last time we, the 4 of us, tried to talk, he ran out of the room screaming and swearing.

We realise this is going to be difficult. We don't want to go down the route of courts etc, if at all possible.

We need to move. Where we are there are no buses. Nearest shops are nearly ten miles away. Same for doctors, dentist, hospital, etc. I don't drive, husband does, but with several long term health problems, we don't know how long for.

There is not, intact don't think, a deed of trust. I will have to check.

Anything else you need to know just ask. Thank you all for taking the time to respond.

Hugs, mumtoomany.xx

Brie

I can't offer any advice on how to get the outcome you're after. I do hear you saying that he's not a nice person for various reasons and I wonder if the solution is for you and your daughter to buy him out and make him leave. And once he's gone then you can organise a move that suits you and her and the children. Drastic step obviously and only possible if your daughter wants to be divorced - with all the drama that includes.

I hope you find a way to satisfactorily resolve this.