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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7474
Experience:  BA (Hons), PgDip, Practising Solicitor
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My father left a property to myself and my brother and sister-equally.

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My father left a property to myself and my brother and sister-equally. I wish to realise the capital from this but my brother and sister refuse to sell. Can I force them to sell the property or to buy me out?
Hi

Thanks for your patience.

First of all, if you and your siblings presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your siblings need not sign the form provided you follow the instructions.


If you cannot agree informally with them then you may have to see a local solicitor to get them to write to them to make them aware that you can apply for an order for sale, but wish to avoid the stress and expense of doing so by agreeing with them to buy you out or to sell to a private buyer at a fixed price.

Orders for sale are commonplace and you would probably be successful if the property is not in negative equity, however it can take time to have the hearings and to agree prices/values etc so preferable to sort it out informally if at all possible but you always have the option, yes.


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Kind regards,


Tom
Customer: replied 3 years ago.


Thank you for your reply, that's very helpful and I will rate Excellent for you.May I just ask, does it matter that we are not literally tenants, i.e.we all live elsewhere? (my siblings own homes, I do not due to my divorce but that's why I want the money!)

Hi,

No, you can still apply for an order. It actually helps you if they have their own homes and you do not.

Please do remember to rate my answer.

Good luck

Tom
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