Legalities in enforcing sale?

Myself and two other individuals own a property, two of us wish to sell, is there any way we could enforce a sale.

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5 Responses to “Legalities in enforcing sale?”

  1. SimonC says:

    Ignore the Americans going on about partition. That is not relevant in the UK.

    Under English law whenever property is jointly owned you actually create a trust. The owners are trustees holding on behalf of themselves as beneficiaries. In most cases this is irrelevant, but if there is a dispute it means you can use trust law to apply to the courts for a decision to resolve the dispute. Any one or group of you can do this.

    In general the courts will look at the "purpose" of the trust. If that has ended they would almost certainly order a sale as that is the fairest thing to do. It means you each get back your share and can go your separate ways. The purpose of the trust is the reason you bought the property in the first place. In most cases this is nothing more than to provide a shared place to live, and if you no longer wish to live together then the purpose is over. Even if the purpose is not over the courts could still order a sale, and that is by far the most likely outcome. But in all circumstances the courts have full discretion to do what is fairest in the circumstances.

    In an ideal world you would have drawn up a trust document when you bought the property which would have laid out things like who owned what shares. But it would also have set out the circumstances in which you would sell. If you have such a document then you will be bound by its terms.

  2. Othniel says:

    You need legal advice not Yahoo Answers. If you have an agreement outside of the title that allows for the disposition of assets by a vote of the partners then you would have a case or if the agreement allows for the partners to buy out the shares of the others then once again you could.

    There may be other mitigating circumstances according to state law that an attorney could help you enforce. Other than that on the surface you may have no other recourse then to wait for the unwilling partner to agree with the other partners.

  3. Kernow Lady says:

    Only by going to Court in the UK.

  4. kemperk says:

    anyone who owns any part of a property [address] can force a sale by going to superior court
    and getting the judge to order one. IT is a no brainer.

  5. Bostonian In MO says:

    You’d have to file a suit for partition. If granted, it would force the sale of the property and the division of any equity in the property.

    This can be tough if you all went in on a purchase at arms length. Judges are reluctant to force a sale unless there is a pressing need to do so. In cases where the sale is being forced by a divorce or inheritance it is generally easier but if the 3 of you went in as buyers on equal footing the judge may not grant your petition.

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