Where do I stand?Advise.

Irishcrx

Right,

Me and a family memeber each own 50 percent share in a house, I'm looking to buy her out but she is refusing to sell it to me, she can't afford to get a mortgage and buy me out (So I'm told), and she doesn't want to put it on the open market. I have a mortgage ready and want to buy my own house as she is already set up with her own house etc and i'm not as I'm only starting out in life really. She wants to do it up and keep renting which i'm against as that option doesn't work at all for me i'll loose money i've given her three options.

1. I buy you out.
2. you buy me out.
3. Keep being stubburn and I'll bid on the open market.

I was trying to avoid bringing the law into this but it doesn't look like i am being left a choice I've been told that she'll do what she wants regardless, guy's do I have a leg to stand on if I want the house sold?

Thanks you.

The_Conductor

Yes- however if you cannot come to an agreement with her it will involve getting a legal judgement. The outcome could include any of your 3 above options- but it would be legally enforceable. As it is a family member- surely sense should prevail?

Irishcrx

That's what I was hoping for yes, however she hasn't budget or try'd to meet any of my options she only wants it her way unfortunatly I may be left with no choice.

The_Conductor

From a tax perspective you are better buying her out- than selling the property and using the proceeds towards another property (unless the house was an inheritance, in which case its irrelevant).

SarahMc

Do you live in the house, or is it rented out?

antoinolachtnai

To answer the original question, I think you need to go and ask a solicitor (although you should not take legal action against a relative if it can be avoided obviously).

On the face of it, I would say you probably can force a sale of the property if push comes to shove. But it really depends, and you need legal advice about your specific case.

Best of luck with your new home!

Milk & Honey

You can initiate a legal action under the partition acts to force a sale. When you get the order to sell you can buy your sisters interest in the property. Tell her she can save some money on legal fees by selling to you now!