Family Home - Partition By Sale

J

jon scot

Guest
My Grandfather passed away 2 years ago leaving the family house down the country to his 6 children. The problem is that 3 of the children want to sell the house (i.e. those living abroad) while 3 want the house to remain a family home for all 6 siblings to share e.g. for holidays but more so because it would hurt them to see the family home occupied by a stranger. Can 3 members force a sale of the house and if so what is the legal process?
 
Strip the emotion away. Its a piece of property. It may have strong emotional tugs - but its still an asset. GF left property to 6. If he did not specify that the house could never be sold then yes, 3 can force the sale. So the problem is of his making.

Remaining three can buy out the others.

If they cannot or will not do that, the Court process is fairly straightforward - probably Circuit Court Equity Civil Bill. The emotional fall out, though, will be huge. I don't think there is any defence - emotions count for nothing and if the 3 defend they will end up losing and paying the costs.

mf
 
Thanks but I'd really appreciate a legal or experienced view on this if possible - the emotional side is only relevant as far as 3 siblings will never sell the property unless legally forced. I want to know if 3 siblings of 6 can legally force the sale - is there a precedent for a 50% split? If they can legally force the sale, how do they go about it, what would be the timeframe involved and is an application to the High Court required? Why would their legal costs be covered by the 3 who don't want to sell? Is there a precedent for the awarding of legal costs in such a scenario?
 
Great, thanks. Very much appreciated. Would you be able to quote a similar case? One of the 3 who wants to retain ownership of the property is closely connected to a first class barrister and he's more than confident that if they can't stop the sale they can at least drag it out forever in the courts and in the end each party will have to pay their own legal costs. Is that possible?
 
Look at that advice carefully. What they are being told is that they are wrong, they will lose, they have no case. Of course, yes, if they want to be thick ( and that is what that amounts to) they can drag it out but I and many other solicitors would refuse to act for them. They are wrong, they have no case. And I would advise them that unless they were very lucky on the day that they will get stuck for all the costs and so they should. They are wrong.

Anyone who gives you nicer advice is simply placating you.

mf
 
I'm with Nelly on this one. My family was in a similar situation recently. 3 wanted to sell, 1 didn't. The option was there for the 1 to buy but they were trying to buy at a price under the market value. This can lead to even more tension. The decision was eventually made to put it on the open market, which was hard on the 1 who wanted to buy but looking back it was the solution that caused the least arguments & thank God we're all still on very amicable terms which is what our parents would have wanted. Important to consider your GF in this decision too I think - what would he have wanted?
A couple of yrs back my in-laws were in the same situation. Nobody could agree & now the house has gone to rack & ruin & can't even be seen from the road anymore because of the trees, bushes etc. growing around it & into it. For me this would be emotionally harder than seeing a stranger living there.
 
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