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Property legal advice needed

2 replies

Professionallytorn · 12/11/2024 23:46

Hi, I have a 10% interest in a property, as does my STBXH, with remaining 80% owned by our two adult children. The property was left to them as children with my nephew, (who we bought out by remortgaging hence us owning 20% between us) The property was held in a trust, the executors now wish to sell, however my STBXH is refusing to agree to this. ( I believe this is due to amounts that could potentially be claimed back from the trust regarding education costs for our children - but these relate to years ago and aren't relevant to sale as that would come up out of proceeds??) There is a hearing coming up to get court to agree a sale can be forced. The Executor who is dealing has stated all costs will be charged to STBXH, myself and 2 DC requested sale over a year ago and have been prevented by STBXH. Are there any potential legal ramifications from this for myself and 2 DC? Will court accept that costs to be met by STBXH (£12k) or could we become liable. Are there other concerns? Tried to find solicitor in my area - remote - but told this is outside normal conveyancing. Sorry for long post. Internet searching not helped. Thank you

OP posts:
EliCopter · 12/11/2024 23:57

I think you need a trusts solicitor rather than property

prh47bridge · 13/11/2024 09:20

The basic principle in most litigation is that the loser pays the winner's legal costs. That doesn't necessarily cover all the winner's legal costs, but it would certainly cover the bulk of it. Assuming the order for sale is granted, any costs not met by your STBXH will come out of the sale price before any money is distributed.

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