Legal Standing

K

kneelo

Registered User
Messages
14
Hi,

I'm I right in thinking that if I own 50% of a property and want to sell, my solicitor can force the other party to sell, even if they don't want to??

Thanks

K
 
kneelo said:
Hi,

I'm I right in thinking that if I own 50% of a property and want to sell, my solicitor can force the other party to sell, even if they don't want to??

Thanks

K
Click to expand...

Do you have a co-ownership agreement in place?
 
kneelo said:
Hi,

I'm I right in thinking that if I own 50% of a property and want to sell, my solicitor can force the other party to sell, even if they don't want to??

Thanks

K
Click to expand...

Your solicitor can only act on your instructions. If you want to force the sale of a property against the wishes of a joint owner you very likely can instruct your solicitor to issue proceedings on your behalf to sever the tenancy and force the sale but your name will be on the proceedings and you should not try and hide behind the solicitor ( oh, my solicitor said I had to do it!)

mf
 
Not sure to be honest?? We bought it 50/50 if that's what you mean. It wasn't a case of one owning 100% and selling 50% to the other?

Sorry for the vagueness!
 
kneelo said:
Not sure to be honest?? We bought it 50/50 if that's what you mean. It wasn't a case of one owning 100% and selling 50% to the other?

Sorry for the vagueness!
Click to expand...

It's usually recommended that when two unconnected parties are buying a house together that they enter into an agreement that states under exactly what terms the tenancy may be severed. If this didn't happen in your case, then I think mf1's suggestion is the only option you have.
 

i know what you're saying but I don't intend on hiding behind my solicitor, I'm really just wondering if I can legally force the sale if the other party doesn't want to sell. But I will need my solicitor involved?

Thanks
 
You could also try buying out the other party, or selling to them.
 
Bronte said:
You could also try buying out the other party, or selling to them.
Click to expand...

Thanks Bronte but I'm not in a position to buy him out. I just want to either let him buy me out or sell it all together.
 
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