Forcing sale of co-owned property.

C3PO

Assume that an unmarried, estranged partner wants to force the sale of a co-owned home.
I believe that the relevant act is Section 4 of the 1868 Partition Act - is that correct? Where would I get a copy of the act?
I am not looking for specific legal advice but rather an idea of the likely procedure and what circumstances the court might consider if one party did not want the sale to proceed.

Robbo

C3PO wrote: »

Assume that an unmarried, estranged partner wants to force the sale of a co-owned home.
I believe that the relevant act is Section 4 of the 1868 Partition Act - is that correct? Where would I get a copy of the act?
I am not looking for specific legal advice but rather an idea of the likely procedure and what circumstances the court might consider if one party did not want the sale to proceed.

Everything in that Act that hadn't already been repealed was repealed in 2009.

Part 7 deals with Co-Ownership of land. There's also been some developments since then that mean you really should seek professional advice.

C3PO

Robbo wrote: »

Everything in that Act that hadn't already been repealed was repealed in 2009.

Part 7 deals with Co-Ownership of land. There's also been some developments since then that mean you really should seek professional advice.

Great thanks! Will do, but would like to get some understanding of the likely procedure.

lifeandtimes

Information online at citzensinformation can be of assistance.

It states there that a sale can't be enforced if any children live in the property other than that one party can force a sale. Maybe the options of buying one party out is usually easier but then nothing in this life really is.

Speak with a solicitor for further information

lifeandtimes

lifeandtimes wrote: »

Information online at citzensinformation can be of assistance.

It states there that a sale can't be enforced if any children live in the property other than that one party can force a sale. Maybe the options of buying one party out is usually easier but then nothing in this life really is.

Speak with a solicitor for further information

Ah citizensinformation.ie

Unsurprisingly, this is wrong.

lifeandtimes

[Deleted User] wrote: »

Ah citizensinformation.ie

Unsurprisingly, this is wrong.

Sorry I should have stated in the case of a married couple.

"This legislation prevents one spouse/civil partner from selling, mortgaging, leasing or transferring the family/shared home without the consent of the other spouse/civil partner."

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/family_home.html

This information is in fact correct

lifeandtimes

lifeandtimes wrote: »

Sorry I should have stated in the case of a married couple.

"This legislation prevents one spouse/civil partner from selling, mortgaging, leasing or transferring the family/shared home without the consent of the other spouse/civil partner."

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/family_home.html

This information is in fact correct

This information does, in fact, not apply to co-owned properties. The Family Home Protection Act and the Certain Rights of Co-Habitees Act apply to homes that are owned by one partner in which the other resides but which they do not own.

In fact that’s their entire purpose. As such, it has absolutely no bearing on the OP’s query.

Beanybabog

[Deleted User] wrote: »

Ah citizensinformation.ie

Unsurprisingly, this is wrong.

It doesn't actually say that? I can't see it anyway. I think CIC are usually very good