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Selling a property

  • 26-07-2015 11:24am
    #1
    Sunflower 27
    Closed Accounts Posts: 1,955 ✭✭✭


    Hi there,

    Hope someone can help me. I am posting here for a friend who bought a place with an ex partner 7 years ago. They split up and the property was rented out.

    My friend has asked her ex repeatedly to sell the property (she is out of work and having difficulties financially). He ex has told her many times it is not the right time to sell etc and she has reluctantly accepted but things are now desperate.

    They own the house together.

    Do they both have to be in agreement to sell? Or can she demand it be sold of he is not prepared to buy her out.

    Her ex owns several properties and wants to hold out on selling this particular property till the market improves. My friend only owns this property and is desperate to sell so she can rent a more suitable place with her children (not ex's children).

    I am clueless about this so any help much appreciated.


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    They need to consult a solicitor. If one is party is desperate they may involve one and the other will be forced to engage their own; better to do it amicably.

    Hypothetically if party A is in a good financial situation (several properties, say) and Party B wants to sell, but Party A wants to hold out it would be in Party A's interest to buy out Party B, perhaps at a negotiated rate slightly below market. Obviously solicitors would need to be engaged.

    It's a complex area at the best of times.


  • #3
    Sunflower 27
    Closed Accounts Posts: 1,955 ✭✭✭Sunflower 27


    MarkAnthony wrote: »
    They need to consult a solicitor. If one is party is desperate they may involve one and the other will be forced to engage their own; better to do it amicably.

    Hypothetically if party A is in a good financial situation (several properties, say) and Party B wants to sell, but Party A wants to hold out it would be in Party A's interest to buy out Party B, perhaps at a negotiated rate slightly below market. Obviously solicitors would need to be engaged.

    It's a complex area at the best of times.

    Thanks, Mark.

    So it is clearly not a simple procedure. I will tell her to speak with a solicitor first thing Monday. They are not on good terms. He is bullying her to get a better job so she won't sell.

    Thanks again for your help.


  • #4
    MouseTail
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    The courts can force a sale, but the path to this will be very stressful and very expensive.
    A much better option is for him to buy her out. Can she move back into the property?


  • #5
    Sunflower 27
    Closed Accounts Posts: 1,955 ✭✭✭Sunflower 27


    MouseTail wrote: »
    The courts can force a sale, but the path to this will be very stressful and very expensive.
    A much better option is for him to buy her out. Can she move back into the property?

    Hj, she could not afford the mortgage so no, she can't move in. Also, given the way the ex has behaved she wants this final tie cut asap.

    She just needs the money and has waited years for him to agree.

    He got some tenant years ago that he then spent a long time trying to evict. When he told the tenant the place was going up for sale, the tenant refused to leave.

    In the end the sheriff had to be called in and the tenant was evicted. He told my friend that when tje tenant is out, he will sell it but has now stated he is organising new tenants and she is to not "go after HIS assets". They own the house together.

    Under what circumstances can a sale be forced?


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