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Can sale be forced?

  • 17-02-2015 6:17pm
    #1
    Atlantic Titanium
    Registered Users, Registered Users 2 Posts: 5 ✭


    Hi,
    Trying to figure something out for a family member, so bear with me please.

    Have a family where parents left a house to the siblings. No mortgagee on the property.
    One of those siblings living in the very house although there was no provision in the will for that. But the sibling kinda had broken relationship and after moving out of partner's house settled with parents for past few years.

    Other siblings have their own properties.
    One sibling who has no properties but does not live in the parents' house, wants the house sold and shares divided.

    Others want to leave the things the way they are motivating that it would leave the other sibling homeless as the person have very low income and some issues.

    Can the one who wants sale obtain a court ruling in their favour?

    What is the criteria whether or not to force the sale?

    I have looked up but keep getting across the mortgagee and marriages which is not the same.
    The solicitor is in plans, but would like to have some idea on this matter beforehand.

    Thanks.


Comments

  • #2
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    With money being the motivator here, it may end up being the case that the only other way the sibling who wants the house sold will be satisfied, is by means of a pay-off. Though it is not likely that the others will pull together to make this happen and any agreement should be settled with solicitors.

    Maybe the sibling living there has rights built up, but I genuinely don't know. A will is a will is a will. With no provision for the sibling to live there, I can't see it ending with smiling faces.


  • #3
    Turtyturd
    Registered Users, Registered Users 2 Posts: 28,398 ✭✭✭✭Turtyturd


    Am involved in a similar (although more complicated) situation myself.

    As your situation involves one will it may be different but the various parties in my situation have all been told that;

    1) So long as one party wants to sell the property it has to be sold, unless the one person is bought out.

    2) If it goes to court a court order will be granted for the sale of the property, and the the ones unwilling to sell will face the costs. This is normally a good motivator for getting those attached to the (free) home involved in discussions.

    Again this is specific to my situation, and might not apply to yours but I know the frustration of trying to find information on similar cases online.


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