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UK-Justice, Barrister
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I and 2 of my sisters own a property as tennats in common.

Resolved Question:

I and 2 of my sisters own a property as tennats in common. The property is part mortgaed My self and older sister wish to sell equally between the 3 of us the remainder of the funding comeing from the sale of my mothers flat. At the time of purchase my was in the late 80's and needing looking after, the house was modified to accomodate her and she moved in with my yougnest sister and her family. The household expenses have been funded from mothers income which upon her recent death has now ceased. My older sister and I wish to sell the house and move on , my younger sister wants to remain in the house and not pay us any rent. Do we have any way of insisting she moves? She owns a house just a few doors away which she rents out so it would not distree her or her 15 year old to move.

Submitted: 1 year ago.
Category: UK Law
Expert:  UK-Justice replied 1 year ago.

Thanks for your question. Please remember to click ACCEPT once you get my answer.

What you can do is apply to the Court for an order for sale.

If you have a legal interest in the property then the Court can order that the property be sold.

As such she would be required to move.

Then the proceeds would be split as tenants in common equally.

So yes, you can get her to move but you would need a Court order for the sale of the property. She would of course have a chance to buy the share of the property at market value.

But as owners you are entitled to sell your share.

Please remember to click accept so that I am credited for my time. Thank you.

UK-Justice, Barrister
Category: UK Law
Positive Feedback: 96.4 %
Satisfied Customers: 16190
Experience: Called to the Bar in 2007
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