How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Can i force a sale of a property where a full tenants in common

This answer was rated:

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 3 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.

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,




Thomas and other UK Property Law Specialists are ready to help you

Related UK Property Law Questions