Forcing sale of co-owned property

joe316

Hey,

Just looking for some advice regarding current situation.

Wife and brother inherited the family home, wife is looking to sell however brother isn't says that he wants to rent it, have offered for him to buy her out but has only offered about 30% of the value of the property which is well below what my wife would be looking for.

I know under section 31 of the land act 2009 she can apply to the courts for the sale of the property but is worried that the costs of going to the high court (think it would be this court?) wouldn't be awarded against him and would wipe out most of the value of the property.

We have been more than willing for the other party to give them time to think about buying out the share, ask them to suggest an estate agent to get it valued, etc.. (Have had no response) But do want it sold as it isn't suitable for own needs and no interest in being a joint landlord with someone else.

Could anyone try and advise me as to what are the potential risks of costs not getting awarded to the other party? And would it be possible for a judge to rule that the house is not to be sold?

ResearchWill

If he thinks its only worth 30% of what your wife thinks its worth, say fine that's a fair value we will give you that value plus €1000 to buy out his half.

But in reality you should get legal advice. Bloody property its not worth the hassle.

Tom Young

You do really need formal personal legal advice. Thread closed.