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Court order for sale of house in Ireland

  • 25-11-2018 1:31pm
    #1
    A Shropshire Lad
    Registered Users, Registered Users 2 Posts: 196 ✭✭


    I was wondering what the process is nornally for matters regarding disputed property. For example if two people jointly inherit a house and one person wishes to sell and the other does not. I am aware that one party may also buy out the other in these cases.
    I am really just wondering how this would proceed if it is to be instigated by one party. The other party just wanting the status quo


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod

    Suggest you consult a solicitor. Will leave open for general discussion subject to forum rule on legal advice


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    If two people were jointly left a house in a will, you'd expect the executor to sound them out as to how they wanted to manage the transition. In some cases they may want to jointly hang on to the house for rental income and/or capital appreciation. But if either of them wanted out, the process would be for him to solicit an offer from the other guy (to buy out his half share) and if they couldn't agree on a number, the executor would simply sell the house and divide the proceeds.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    coylemj wrote: »
    But if either of them wanted out, the process would be for him to solicit an offer from the other guy (to buy out his half share) and if they couldn't agree on a number, the executor would simply sell the house and divide the proceeds.
    And of course, either party could still bid for it at this stage, but the proceeds may be down by the amount of the the estate agent and solicitor fees.


  • #5
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    If two people are left a house, during the administration of the estate they can seek to make some arrangement whereby one of them buys the other out, so that the house is in fact transferred to only one of them, or alternatively they can agree that the estate will sell it and the proceeds will be divided between them.

    But all this depends on agreement. If they don't agree, all the executor can do is transfer the house to the two of them jointly, in accordance with the terms of the will.

    They can still, of course, try to reach agreement for one to buy the other out, or for the house to be sold and the proceeds divided.

    But, in the last analysis, if they don't agree, the one who is not happy simply to continue as co-owner can apply to court for an order for sale. Only if the court gives an order for sale can the house be sold without the agreement of the other co-owner.


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