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Anyone with legal advice about a part owned family property. Please help?

(7 Posts)
orangeandemons Thu 27-Jun-13 13:45:50

My dh and I share the ownership of my mums house. She died about 6 years ago. We live in an area where house prices and property is insane. We currently rent out my mums house.

We sold our house about9 weeks ago, but the buyers pulled out on Monday. So now we have to resell it. We were hoping to move into my mums house after the sale and had given the tenant notice. We have now lost our buyer.

My dh agreed reluctantly to let us rent my mums house for a time, whilst we found somewhere. He is a pita about property, he is obsessed with making money from it. After we agreed this, he them decided he wanted to sell it to buy somewhere else. I want the option of buying my mums house, but he wants to sell it fast to buy somewhere else. I ambeyond pissed off with him, as I don't think it is unreasonable for someone who half owns a house to want to buy it, and to have first dibs on it.

Can he force us to sell it to someone else without my consent? I want to buy it, but can't because we haven't sold ours. He wasn't interested in selling it until I suggested renting it.

Please help. Otherwise I am going to kill him this afternoon

orangeandemons Thu 27-Jun-13 13:58:12

I meant my db (but he's not very dear ATM)

orangeandemons Thu 27-Jun-13 14:05:35


primallass Thu 27-Jun-13 14:35:25

Can you do a bridging loan? Do they even exist anymore? Or a rent to buy (rent yours out to buy your Mum's)? That would get things moving. I can see his point that the tennants will be gone and therefore his income from them will be gone while he waits for you.

Or could you give him his half of the monthly rent until you sell your house?

orangeandemons Thu 27-Jun-13 14:55:02

But we will pay the rent. We could move into my mums and sell ours, but he is moaning about renting it to us, because he wants to sell it. This isn't about the monthly income, because we will pay that, it is about him trying to force me to sell a house that I part own and NEED at the worst possible time.

He's rented it for ages, but suddenly when we want it, he wants to sell it.

Can he force us to sell it. I believe as my name is on the deeds I have a right to live there if I want. He just being an awkward twat.

What I need to know is; Can he force me to sell it? Can he stop me living in it? Can he buy me out without my consent?

spotty26 Thu 27-Jun-13 18:36:34

I would really have to see the official copy but if it is a 50 50 ownership like you imply then he can only sell his 50 percent without your consent and vice versa. You will have to reach an agreement re renting or selling as neither of you can deal with the property (by lease or contract) without the other signing the document too. Neither can make the other do anything on a simple interpretation.

Is there any pre emption clause? I doubt there is if you each inherited 50 percent rather than this be a planned joint investment purchase if you see what I mean.

TripleRock Sat 29-Jun-13 08:58:56

At this stage, the property cannot be sold without your agreement and signature.

However it is my understanding that a court would ultimately order the property to be sold and the proceeds split where one owner wants to sell.

However you could offer to buy him out. Perhaps consider refinancing your current property if a buyer cannot be found quickly?

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