Should I Send This Card Or Not?
ChatterBank3 mins ago
No best answer has yet been selected by LWoodhurst. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.What an interesting question! I thought the answer was obvious - you each have a clear share of the property (usually 50-50) and it's yours to do with what you please. But I see, as you probably did, that nowhere online helps with "secret sales". You can easily find out the difference between TiC and Joint Tenancy - but that's no help to you. My gut instinct tells me that indeed person A could legally sell their half without person B knowing.
Perhaps a little clarity. Do you mean - "are they premitted to do so?" or "is it practically possible or would both tenants in common have to sign something before half of the property was sold?".
Again - I suggest you ask at the citizens' advice bureau. I wish I could help further but it's a tricky one!
Currently involved in a situation where there is a 50/50 tenants in common agreement. Fortunately, for the side I am on, there was never an agreement drawn up about what would happen if the relationship dissolved. The battle over who owns what etc has now been on-going for 2 years!
Basically, if there was a chance of selling the 50% share I am sure one of the solicitors would have suggested it by now. Its a messy legal battle and not one I would advise. If anyone is thinking of going for a 50/50 tenants in common, draw up an agreement before hand, believe me it will save a lot of heartache later on shoud things go pear shape.
Another thing to note, is if the house is being occupied by a parent(s) with a child under the age of 16 the chances of forcing a sale of very very slim.
LOL Didwot
Fortunately, its not my direct problem. There was no agreement but a form is completed where both parties sign to say they have accepted this. This is the line which will probably be the cruncher if this case comes to court. The solicitor at the time advised but unfortunately at that time the people involved thought there would never be an issue and live happily ever after! Fools you may well think but there are many fools out there in very similar circumstances.
The house has almost tripled in value since the tenants in common agreement was made which is why both sides are keen to protect their investment.
So sorry no-can-do on the offer of �5!