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Tenancy in Common

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properseller | 23:31 Sun 14th Oct 2007 | Business & Finance
4 Answers
I own a third share of my deceased parents house as tenants in common with my two other brothers.
My eldest brother, who lives in the house, originally agreed to sell the house, but is now blocking attempts to sell it. My other brother and I don't live in the house and we want to sell it as we could both do with the money.

Is there a way of selling the house even with my brother's objection? Or can we only sell it with his consent?
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Can he afford to buy you out?
Question Author
Thanks Ethel, I wish he could buy me out, but there isn't a hope of him raising the money as he is not in a well paid job, and has no savings.
I am afraid that you will have to take him to court to force a sale. It can take about 6 months and fees will be between �2000 - �5000. YOu can ask the court to make your brother pay your fees.

Does your brother pay you rent? I am assuming that the mortgage is paid.

Your first port of call should be to see a solicitor.
Question Author
Thanks Innocenti, my brother doesn't pay me rent and there is no mortgage, as my parents paid it off years ago. I will see a solicitor.

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Tenancy in Common

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