What is the process to force a sale on joint inherited property...how much will it cost?

[mulranno]

a friend and her sibling were left their mothers house in spain over 3 years ago. she is keen to sell as she is a single parent and does not own a property here in the UK and wants to gather a deposit. she is worried that the sibling does not want to sell (sibling uses it for holidays - she is cannot afford the air fare...) - she wants to be diplomatic - what are her rights? what is the process if the siblings does no comply?

Apply for an order under TOLATA. Google it to get a full explanation.

thx collaborate - do you know how much that would cost?

If her sibling had an ounce of decency they would guess that she would want to sell it either to him or outright. Hardly fair that she can't use it but has to hold onto it for his benefit.

He has had use of it for 3 years now, time she benefitted from her inheritance as well - ie she has been too soft not even asking for 3 years!

Helennn - I agree she is too soft and scared of conflict and overwhelmed with what might be required I just want to help her out reassure that it will be straightfordward etc get a bit of the ground work done for her so she is reassured and clear of the way forward - I have said to her to suggest he buys her out or looks for another friend/partner for the other share she has done all the stressfull spanish admin and letting so far too

I would give a costs estimate to a client of at least £2,000. That would assume a fairly early resolution of the claim. There are no major issues to determine. The court should deal with it fairly swiftly.

HOWEVER: the house is in Spain (sorry - that completely passed me by) so you'd need to instruct a Spanish lawyer over it. Completely different system to here. Also, I think that a UK will wouldn't necessarily have any effect upon a Spanish property, so even the existing ownership might be in doubt unless it was all done properly.

Thanks collaborate -- so would you suggest that she instruct a just spanish lawyer in this case?

Can they rent it out and share the monthly income? Then sibling will have funds for her holidays and friend will have a monthly income?

They have had a long term rent for past 3 years - but tennants trashed the place. They have now refurbished it and and are renting to holiday makers which is going OK (first season) but she needs the capital for a deposit for a house in UK as she rents currently