Any Disadvantage In Becoming Tenants In Common

[johnk]

Are there any disadvantages to becoming tenants in common can anyone force the sale of the house?

[Flonska]

If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale. However, to do so you would need to apply to a court for an "order for sale".

For a fee of £3 you can check whether you and your family members own the property as tenants in common by checking with the Land Registry. If, as well as the names of all the co-owners, the entry on the register includes the words: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court", then you are tenants in common.

If there is no such wording you are all joint tenants and will need to sever the joint tenancy before you are in a position to apply to a court for the "order for sale".

Whatever your position, you will need to seek independent legal advice if you decide that forcing a sale is the way to go.

[Buenchico]

If you're tenants in common, rather than joint tenants, then when one of you dies their share of the property will form part of their estate and will pass to whomever it was left to under the terms of the deceased partner's will (or, in the absence of a will, according to the laws on intestacy). That can be more complicated than if you're joint tenants where the surviving partner automatically becomes the owner of the entire property. (Things can get particularly messy if the partners are unmarried and there's no will).

If you're tenants in common then either of you can apply to a court for an 'order for sale', forcing the sale of the property. (If you're joint tenants it would be necessary to severe that tenancy, thus becoming tenants in common, before such a court order could be sought).

[johnk]

Does that mean that if my wife and I changed to tenants in common and either of us died and left their share of the house to our 2 children it would be possible for them to force a sale?

[Buenchico]

Yes.

[Blubster]

"Does that mean that if my wife and I changed to tenants in common and either of us died and left their share of the house to our 2 children it would be possible for them to force a sale? "

Not if there's a legally binding agreement drawn up at the time of making the will. When my wife died, her share of the house came to me in her will but I had it changed using a deed of variation so that her half of the house was left to the three kids as was my share in my altered will. We had the property changed to tenants in common with me having the right to live there until I died and at that time the property would pass to the three children. The agreement also stipulates that the property can't be sold unless all four of us agreed. If we do sell the property, half the value goes to the children (wife's half) and I get the other half.

[johnk]

Thanks everyone, I know what to do now.

[gollob]

I am Tenants in common with my wife so can I force a sale of the house to get out of this agreement as she is carryng on with somebody else

[Baldric]

// as she is carryng on with somebody else //

You know this for a fact?

[Barmaid]

You can force a sale but any sale is more likely to be in the context of a divorce and other considerations apply.