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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Can i force a sale of a property where a full tenants in common

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Can i force a sale of a property where a full tenants in common agreement was drawn up? my share is 34%.



Hi Steve,

Is there a mortgage on the property?


Customer: replied 2 years ago.



Yes and I pay 34% of that.


Thanks for your reply.


Yes, if there is a mortgage then ultimately a Court would probably grant an order for sale on the basis that - in spite of your percentage agreement - you are exposed to the whole of the mortgage liability. This is because the liability is joint and several.

Therefore, a Court would not been keen to effectively bind you to liability where you do not wish to be, which what they would be doing if they did not grant the order.

In the first instance you should write informally to your co-owner asking that they agree to sell the property or to buy you out of your share.

If they do not comply then you will have to instruct a solicitor about writing a letter before action to them stating the same thing but making it clear that you will submit an application to court for an order for sale in the event they do not comply.

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Kind regards,




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