Can you sell jointly owned property?

Ask the experts: homebuyingWed 30 Apr 2008 00.02 BSTQ I have joint ownership of a property with two other members of my family. I want to sell but they do not. They cannot afford t

Can you sell jointly owned property?

Ask the experts: homebuying

Wed 30 Apr 2008 00.02 BST

Q I have joint ownership of a property with two other members of my family. I want to sell but they do not. They cannot afford to buy me out so what else could be done? Can I force them to sell?
SS

A 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.{{#ticker}}

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