Tenants in common only one wants to sell.

28th Jul 2017

I currently own 50% of the property with my mother as tenants in common. After only moving in three months ago she is now saying she wants to leave the property and is stating she wants her half of the money. Buying her out or remortgaging is not an option so I would like to know where my husband and I stand as we have two young children as well aged six and eleven, can she force us to sell while our children are so young?  She has already made a will stating that her half is to be split between her grandchild when the property is eventually sold (which can only be done with my permission).


CATEGORY: Conveyancing & Property


3 answers
  • Integrum Law

    You should consult a local solicitor to discuss your position in more detail but in general if two or more people own a property and one wants to sell, then it must be sold.

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    Integrum Law

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  • ISC Lawyers LLP

    Tenancy in common creates a "trust for sale". However, to enforce the object of the trust (to sell) without your agreement, your mother would have to go to court. The judge would have to decide the case on the balance of convenience. Alternatively, you and your mother can agree to independent mediation.

    You need family law, not property/conveyancing advice. What an unpleasant situation. I do feel sorry for you. Is there no other family member who can mediate?

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    ISC Lawyers LLP

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  • Curzon Green

    We agree with ISC; unless you can mediate, this matter is likely to end up in court.  All parties to the legal title must execute the transfer for sale.

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    Curzon Green

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