Force House sale

[chas2008]

Very shortly my wife will inherit 1/3 of a property from her father, the other 2/3rds are split between her mother and brother.The plan is to sell pay the brother off and my wife and her mother buy a bungalow for the mother to live in.
The question is-
1) although her brother hasnt lived there for 2-3 years could he prevent the sale? (hes and akward git)
2) also they have no forwarding address for him...

[Count-A-Strong]

Is the brother aware of, or even in agreement with this 'plan'?

[mdenning]

yes, I think the brother can prevent the sale unless he agrees to it.

[murraymints]

in Scotland an order for sale and division can be applied for through the court if there is any resistance to sell...usually a formality ..but costly

[themas]

1. You can't do it without him being involved in some way, unless you get a Court to agree.

2. If you don't know where he is you need to pursue whatever means you can to try & find him, & keep evidence of everything you do - so you can produce it in Court later if you still can't trace him. You may need to employ tracing agents.

3. If you do find him & he objects to the sale then you can only proceed if you get a Court order - which you may be able to do if the owners of two thirds wish to sell.

4. If you can't find him, it is perhaps possible a Court would order a sale, but with his share of the proceeds help in a secure account for him.

5. All this is very likely to involve you in a lot of costs!