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Spliting a home, please help.

6 replies

sep1712 · 12/02/2009 15:59

My friend really needs some advice.

Her mum and dad died and left her and two brothers a house. She lives in the house with one of the brothers. She has fallen out with him and wants to sell the house to get her share of the money. The other brother wants to sell aswell. The brother still in the house won't sell. Does anyone know where she stands and if she can make him move?

Many thanks in advance for any help.

OP posts:
Ladymuck · 12/02/2009 16:02

Do you know on what basis they own the house - tenants in common on joint beneficial ownership?

TheThoughtPolice · 12/02/2009 16:04

If he want to stay in the house then he would have to buy her out, wouldn't he ?

sep1712 · 12/02/2009 16:20

ladymuck she thinks so, it was just left to share between them.

He can't afford to buy them out.

OP posts:
LadyMuck · 12/02/2009 16:52

Is the second death recent?

Sorry I meant do they own as joint tenants or tenants in common?

sep1712 · 12/02/2009 17:06

She's not sure what sort of tenants they are sorry.
2005 they died.

Thanks for your help again lady muck.

OP posts:
notanicepersonnow · 14/02/2009 15:06

I am anot leaglly trained but in these circumstasnces I believe you can get what is known as (something like) a forced sale order. You would have to instruct a solicitor and go to court and it can take some time (maybe six months). same principle as when a couple owns a house and split up, wher one wants to seel and the other won't agree, that type of thing.

How any equity is split will depend on as previous poster has said, whether you are tenants in common or joint tenants, that will be stated on the deeds.

Hope your friend gets it sorted

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