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Can I force my co-owner to sell?

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  • Can I force my co-owner to sell?

    [I placed this message in the selling section which was a mistake. Could that one be deleted to save duplication and keep this one.]

    Hi,

    I purchased a house with a friend in 2006. It has since been fully let since 2008. The co-owner has emmigrated to abroad and I don't live there anymore.

    When we purchased the property we had a written agreement that we would not sell for 3 years. That has now passed and I woud like to sell but my friend does not even though the house prices are good.

    Can I force a sell? Do I need to go and see a solicitor?

    Thanks
    Lee

  • #2
    Re: Can I force my co-owner to sell?

    On the basis of what you say (in particular, that the property is not a homne for your friend and the agreement not to sell was limited to 3 years), yes you can force a sale. If your co-owner refuses to co-operate, you will need to see a solicitor, to apply to court for an order for sale

    I hope this helps
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Re: Can I force my co-owner to sell?

      Thanks Justin,

      I will go and have a chat with a solicitor.

      Lee

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      • #4
        Re: Can I force my co-owner to sell?

        I think your right to talk this over with your solicitor. It's a tricky one. You know the old saying "Possession is 9/10 of the law". Without going into the legalities of his, but your friend is also the owner (he is technically at the moment not in possession as he is not living there).

        Anyway, you said your agreement was not to sell for the first 3 years. You did not mention what the agreement was, if any, after those 3 three years.

        As I say - best to speak it over with a solicitor.

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