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shared ownership/renting question

6 replies

elmatador · 13/03/2023 20:00

hi i was wondering if two people own a home due to it being inheritated one continues to stay there and the other wants rent for theyre share of property would local council pay for that rent as its considered joined ownership i dont want to leave me home and be forced to sell but may have to if the council cant pay this is scots law as well

OP posts:
tealandteal · 13/03/2023 20:01

If one wants to sell and the other doesn’t, ultimately the one who wants to sell would have to take the other to court to force a sale surely.

elmatador · 13/03/2023 20:03

ive read that all the other person has to do is to make an application to court to sell if i refuse

OP posts:
tealandteal · 13/03/2023 21:42

Yes, it would probably damage your relationship with the other person irrevocably. Is it a sibling? I’m not sure what you meant about the bit about the council?

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elmatador · 13/03/2023 21:53

there is no relationship due to the OTHER family members actions not mine and i wont go into detail thats personal

OP posts:
tealandteal · 13/03/2023 21:58

Without details, it looks like your choices are to buy them out or wait for the courts to force a sale, when you will get a percentage of the proceeds. Based on this

titchy · 13/03/2023 22:16

I'm guessing co-owning sibling wants OP to pay rent in return for sole occupancy and OP thinks (rightly i suspect) that she won't get housing benefit to pay that rent, so she will have to sell. I would say she is right and a court would probably order the property to be sold unless there were some seriously mitigating circumstances.

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