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Joint owner of property and wanting to sell

(5 Posts)
UnionofMultitaskers Thu 30-Jan-14 20:25:10

Hi I've put this in money matters and then realised there's the legal bit here.

My sister and I bought a home outright ten years ago and I now want to sell to buy with my partner and new baby. She flatly refuses to sell. But I am getting rather stressed As I want my own family home.

What are my rights?

Many thanks in advance

Collaborate Thu 30-Jan-14 20:28:04

Under s14 of the Trust of Land Act (often referred to as TOLATA) the court can order a sale.

Lioninthesun Thu 30-Jan-14 20:32:59

Are you Joint Tenants or Tenants in Common? Did one put in more than the other?
You will be able to sell, but perhaps you could offer her to buy you out?

UnionofMultitaskers Thu 30-Jan-14 20:34:47

We own it equally. She's not in position to buy me out. So technically I would take her to court?

Lioninthesun Fri 31-Jan-14 13:01:59

I'd advise not to as can be costly and may make the relationship fraught. She does have to sell if you want to though, you can speak to a solicitor and see what the mortgage company terms are and get some valuations - used to be 3 to get average price - that way you know what figures you are dealing with. She may choose to continue on the mortgage for the full house if at all possible. I'd try to stay civil with her as she could make viewings hard and the whole process will be faster if you can get her on board.

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