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BRIAN Y | I have been left a half share in a house. the co owner wants to rent it out but i want to sell it.? |
can i insist the house be sold? i am determined not to co-own a house with this person! on the will it said assets to be sold and split but it also said 'full power to postpone doing so' as we are co-trustees on the will. will instruct a solicitor if needed but be good to have an idea before proceding. |
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old.holly265
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Hello Brian.
You will definitely need a solicitor as, whatever happens, this is going to turn nasty. I do not say that to frighten you off, but I have read enough law reports during my career to know how things like this can end.
As for the law, the "power to postpone" exists only as long as all trustees (or a majority of trustees) are content to leave it that way. If there are just the two of you, and you want the sale to go ahead, then the duty to sell (which is a requirement) from the will overrides the power to postpone (which is merely a permission).
Whether this is a good time to sell is immaterial. You should, however, be prepared for significant legal costs if there is any resistance on the other side. |
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mim315
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I think renting for a while is probably a good idea. If you wait until next year (rent it for 12 months), you will likely get to sell the home for more. |
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JohnGalt
 |
If estate not yet settled, you may be able to enlist the executor of the will to sell it. If by co-trustees you mean co-executors, I don't know as I have never heard of co-executors. Go see what a lawyer says about it, and what the law says in your state about disputes between co-trustees of an estate. Then have a heart to heart with the other person and get it solved. If you hae to, tell them they will have to do every bit of work regarding the rental. Or point out that if you have to go to court, the only winners are the lawyers and there will be no house left to argue about.
On the other side, its hard to know if real estate shoudl be sold now, or it market will be worth waiting for a couple of years. |
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utreinvestor
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why do you want to sell right now? unless you have more than 50% ownership you cannot force the sale of the property (unless the will specifically states otherwise). you can sell your interest in the property but will probably need to take a discount in value unless you're selling to the co-owner; with today's value's already low that is probably not your best option.
if you need the money now, sell your half of the property to the co-owner. if they don't have the cash and can't get the property refinanced then sell your interest in the property using a seller-finance note and trust deed. with a note secured by the property you can then resell the note to a note broker and get 80-90% of the value of the note.
if you don't need the money, keep the property, rent it out and take advantage of passive income and tax benefits. |
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BARRY B
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Wrong time to sell. More sensible to rent it out and receive half the rent. Re-appraise the situation when the market recovers. Otherwise you will be cutting off your nose to spite your face. |
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Snarf
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You can sell your half, buy out the co-owner's share or come to some other mutual arrangement. Either way, you're going to have to talk to the co-owner and you'll most likely need a bit of legal help for whichever option you take. |
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Justfochange.cent
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I'm no property expert but can you sell it to the co owner himself? |
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chatsplas
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Well, it's a lousy housing market, but a pretty good rental market right now.
But YES, you do have right under the terms above to insist house be sold. However getting buyer will not be simple or easy. Can you insist on a property manager so that your dealings with co-owner are limited? |
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WelshLad
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Why not ask the co owner buy your half? |
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melmarglobal
 |
Why not have your co-owner buy you out. Have the house appraised by an independent Realtor. Then have your co-owner go the a bank and see about a loan so that he/she can buy your share of the property. This should solve your problem. |
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katt121
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Yes you can force them to sell unless they want to buy you out |
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trish s
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You will need a solicitor but you should be able to force your co-owner to buy you out..If you do,make sure the property is valued first.............. |
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bennachie1
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yes you can, but I would consult a solicitor acting solely on your behalf.
not the solicitor that is acting for the will and estate
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tanika971
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No i don't think you can, you will have to mediate and come to an agreement, maybe they will buy you out, see a solicitor. |
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