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Legal advice - regarding home ownership/selling

Discussion in 'off topic' started by Tigerjones, Feb 20, 2019.

  1. Tigerjones

    Tigerjones Bagpuss

    Hi

    If two people jointly own a house and one wants to sell the house and the other doesn't what is the legal situation?

    Thanks

    Patrick
     
  2. Bob McC

    Bob McC Living the life of Riley

    The one who wants out is entitled to their share of the equity.

    If that can only be realised through a sale then so be it.

    There may be further complications if children are involved.

    Whatever happens it’ll be Expensive.
     
  3. Tigerjones

    Tigerjones Bagpuss

    Thanks, Bob. No children involved thankfully. So a sale can be forced against the wishes of one party?
     
  4. Bob McC

    Bob McC Living the life of Riley

    They can be forced to give the other party their share of the equity.

    If they can do it without selling then they can do so.

    When my son and girlfriend split up they were joint mortgagees on a house.

    She bought him out by taking out a further mortgage and giving him his share in cash.
     
  5. Tigerjones

    Tigerjones Bagpuss

    It's my mother who wants out of her house but her bloke does not want to sell or buy her out.
     
  6. zippy

    zippy pfm Member

    Tigerjones likes this.
  7. Bob McC

    Bob McC Living the life of Riley

    He can’t do that!

    She will have to force the issue through legal action.
     
    Tigerjones likes this.
  8. h.g.

    h.g. pfm Member

    I am not a lawyer but the notion you can forcibly make someone homeless just to get at some money I believe is no longer the case like it used to be after the housing recession in the late 80s and early 90s. You can go to court to try to force a sale but my understanding is that this will not necessarily be the outcome. For example, your mother may end up with some form of rent. Getting balanced and informed legal advice first may be wise if your mother wants to pursue this option.
     
    Rockmeister likes this.
  9. Tigerjones

    Tigerjones Bagpuss

    Thanks, h.g. She's going to get some legal advice this week.
     
  10. JensenHealey

    JensenHealey pfm Member

    The first question is 'How is it jointly owned' There are two ways "tenant in common' or 'Joint tenants'.

    But, as I understand it, in both cases both owners must agree to able to sell the house. The difference in ownership model is more important when death considerations and wills are involved.
    If it is held as Joint Tenants then one party can force a change to Tenant in Common - because of a change in the relationship it could secure rights to leave their share of the house to whoever they wish, rather than automatically going to the other owner in Joint Tenancy. But doing so still does not confer a right to sell.

    If the couple involved are married , then a divorce settlement could force the issue. If unmarried, then I think one is stuck.
     
  11. Bob McC

    Bob McC Living the life of Riley

    Totally missing the point.

    One of the joint owners wants their equity.

    They are entitled to it.
     
  12. Bob McC

    Bob McC Living the life of Riley

    Utter gibberish.

    No one is being made homeless. No children are involved.

    They can buy out the other partner or downsize.

    What they cannot do is hold the other partner’s equity for their own ends.
     
    Tigerjones likes this.
  13. MikeMA

    MikeMA pfm Member

    My advice would be to not rely on advice on legal matters from a bunch of random blokes on an internet forum.
     
    gintonic and Mr Cat like this.
  14. JensenHealey

    JensenHealey pfm Member

    If they are joint tenants then there is no concept of individual equity. That is the legal structure.

    If they are tenants in common the equity is held seperately (and not necessarily 50:50 either, it depends on how it was set up). But one owner cannot force the other to sell. They can pass or transfer their share to someone else, or a trust, if they wish - but that hardly solves the problem.
     
  15. Bob McC

    Bob McC Living the life of Riley

  16. h.g.

    h.g. pfm Member

    It is a fairly common situation and one that I was in a few years ago. Balanced legal advice is not always that easy to obtain given the interests of the people you are likely to be asking and paying. Advice based on people's experiences has some value particularly if it throws up something you had not considered. Of course there is going to be a mixture of good and bad advice on a forum like this but I think most people expect that.
     
    hifinutt likes this.
  17. Tigerjones

    Tigerjones Bagpuss

    Really? Thought my mum could use the contents of this thread in any legal case she has.
     
    matt j likes this.
  18. MikeMA

    MikeMA pfm Member

    Whatever you do, don't put your mum in such a precarious position ;)
     
  19. Cav

    Cav pfm Member

    If ever proper legal advice, covered by professional indemnity insurance, is needed it is in a case like this.
     
  20. MikeMA

    MikeMA pfm Member

    I rest my case :) !
     

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