tenants in common

[lucky2000]

my partner and i have recently split and she and our 2yr old still live in our house.the house,which is a 70/30 shared mortgage with our local council.is split by 3 share owners(tenants in common)my partner 45%,myself 40% and her father 15%.how do i and can i sale my share and as a majority can the use this against me?

[buildersmate]

You continue to own a stake in the property, which by my reckoning is 28% of the total value. You cannot force a sale, but they may be willing to buy you out. I cannot see how others could operate against your interests - your 28% will still be worth 28% of the eventual selling market value.

[Didwot]

Any one who has a beneficial interest in the property can ask for it to be sold so that they can have their money, If the other owners do not agree to a sale then it is possible to apply to the Court for an order foricng a sale. However the Court is highly unlikely to order a sale of the property where it is being used as a home for a child of the parties. In other words you will probably have to wait. On the other hand you may be able to do a deal with your ex and her father whereby they buy you out now. Assuming they want to, you should expect to take a discount, money now being rather better than money later.