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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been left a half a house and the other half goes to

Resolved Question:

I have been left a half a house and the other half goes to charity after the sale can I buy the house
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi

Have you and the charity inherited the house?

Do you wish to buy the charity's interest in the property from them?

Tom
Customer: replied 1 year ago.
The charity inherits half the proceeds from the sale of the house and myself the other. Yes I would like to buy the charities interest out of the property.
Expert:  Thomas replied 1 year ago.
Hi

Has a sale to a third party been arranged which you want to prevent?


Tom
Customer: replied 1 year ago.
No no one is interested in buying the house apart from myself. It has already been broken into, I have to pay council tax gas and water rates. It has now been empty for over 2 years. I have sent the charity all the bills that I have paid and also made them an offer for £125000 which is the full asking price but they said the general public can make an offer
Expert:  Thomas replied 1 year ago.
Hi

If they obtained an offer from the public that was high I presume you would still not be minded to sell?

Tom
Customer: replied 1 year ago.
No I wouldn't mind but as they are not dealing with anything to do with the house there should be no offer made to them
Customer: replied 1 year ago.
In the past 2 years there has been 3 viewings in 2 years
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The difficulty for both of you is that neither can sell the property without the agreement of the other, unless there is a court order ordering that the property should be sold under specific circumstances at a specific price.

They may very well arrange a sale, but you do not have to consent to it and unless they apply to court that will be the end of it.

However, you do not have a statutory right of pre-emption which means that they must negotiate only with you. You can make an offer which they are free to accept or reject, in the same way that you are free to accept or reject an offer which they have arranged with another member of the public.

If the property is costing you money and the charity are being wholly unreasonable in their demands of a sale price then you could apply to court for an order for sale or an order that the property is transferred in to your name. You would have to show that they are being completely unreasonable in hoping for a higher price from a member of the public, but the lack of viewings is not a bad place to start.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you

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