tenants in common

[tiffi]

i recently bought a flat with a friend, the relationship has broken down but we both want to buy the flat. I am offering the most money, she is currently living there as she has forced me out, she is also refusing to sell. If it went to court who would win the house?

[themas]

I'm not sure on what basis you (or she) could take this to Court. It would probably be possible for you to apply for an order for sale of the whole flat (which is not what you want), and it might be that you would be able to do this just for the part of the ownership which your friend owns. But if it was possible to get such an order the Court might order that it was sold on the open market, rather than simply being offered to you.

I think you need to see a solicitor who is experienced in these issues.

[Mrs_Pegasus]

Prepare for a long and expensive battle. Been there and spent a lot of money and I wasnt even forcing a sale, I simply wanted out from the mortgage - he could keep the equity. He made ridiculous offers and in the end agreed to what I suggested at the beginning but it cost �4,000 in legal fees.

Step back from it and ask yourself if its worth it. Its not the only desirable flat on the market surely?

If it went to court they would probably tell you to put it on the open market and you would be able to buy it then. As long as there are no children involved I would go to a solicitor and ask for a few letters outlining your intentions and then you would probably go for a forced sale.

[angeldraws]

As above - but bear in mind that your ex could just as easily do this her self, so you wont be in any better situation.....

[tiffi]

thanks for all your answers it is in the hands of the solicitors. Basically it wont go to court and will come down to who offers the most for it!!
money speaks!