an a joint owner of a property flat force the sale?

[chitarivera]

My cousin and girlfriend bought a holiday flat in Scotland [they lived in England] - he put in more than 50% and she added the remainder needed to buy it. But he knows that he only legally has a right to 50% of its value.
They split up. She moved to Scotland near the flat and she rents it out occasionally to her family - she refuses to give my cousin proof of rental income.She says the income only just covers the utility bills and maintenance etc. so there is nothing to declare.

There was a flood. She handled the insurance claim.Wouldn't let him see any receipts for work done but she oversaw everything because she lived near the flat and he was in England working so couldn't be there every day.
He doesn't know how much the Insurance company paid out. She says she has forgotten.
New doors were put on. He wasn't given a new key. He asked for one but she didn't give him a key. They are both very stubborn with each other and she says 'its up to him to ask me' and he says 'its up to her to tell me.'
He sent her a letter saying she is denying him access and he would have to take legal action. She sent a key recorded delivery immediately.
He is in Scotland now, staying in a B&B because when he went to the flat her family are holidaying in it this week.
He thinks the ex girlfriend should let him know what dates she has people staying. She thinks he should ring and check before he travels up.
He suspects she won't send him details because she's making a living out of renting it all year round.
He has asked her to buy his half or to get someone else to buy his half or to agree to sell and split the sale price 50/50. She won't.

Can he force a sale?

[dothawkes31]

who pays the mortgage and is it included in the mortgae / insuraance that it it being let?

[chitarivera]

There is no mortgage.
They bought it with savings.

[chitarivera]

She says she only lets her family stay in it occasionally.
My cousin has no proof that she lets it to anyone else, he just suspects.

[dothawkes31]

He should force a sale, his needs to get his money out of the property plus 50% of any profit left after fees, his name is on the deeds isn't it?

[chitarivera]

Yes his name is on the deeds.
So he CAN force a sale, then? I thought he should be able to. Thanks.
I mean, really she's holding his investment to ransom.
So would he need to see a Solicitor in Scotland because thats where the holiday flat is?

[dothawkes31]

Not a clue they are a law unto themselves North of the wall

[chitarivera]

ha ha!

[dothawkes31]

they write little notes when they want to buy a house up there, it's like a raffle.

[mike11111]

I don't know anything about Scottish land law but in Egland they would be classed as tenants-in-common, either of whom can force a sale.

[chitarivera]

I've told him to go to a solicitor about it.
But because he thinks she should tell him stuff and she thinks he should ask stuff - it's like refereeing two kids.
But she does seem to have the better end of the bargain if she is renting it full time.
He can't access his capital - she owns half even though she didn't put 50% in, and she gets all the rental IF she is renting it more often than she admits.

[chitarivera]

PS
I've looked for the nearest Citizens advice to where he's staying this week and it's open tomorrow and Friday, so I've texted him the address and phone number.
So it's up to him now.
Thanks for your help everyone.

[Skyline D]

I tell you what Dot, the house buying process North of the Border is considerably simpler and more straight forward than the nonsense that goes on South of the Border.

[ummmm]

What's the difference? I thought Scotland just had guide prices.