Council forcing sale of jointly owned property
We have similar issues as yourself in owning one title property but with multiple buildings on the property that can't be split up.
We own ours as tenants in common, so equal shares.
When people buy property together it is then held in trust, this could be a seperate legal document made up by a solicitor that states how it is managed/income shared etc.
We didn't have this but there is still a trust in place, our barrister highlighted this and just because our Grandad needs care shouldn't it tern mean we should be forced to sell the property as the original purpose of the trust still stands, to provide us with a place to work and live.
Long story short but they tried bullying tactics to try and get us to sell the property, we got a barrister who specialises in TOLATA and had good knowledge of the care act, she did two written opinions of what would happen in court in her opinion, we presented this to the local authority along with a valuation from a chartered surveyor based on the legal information from the barrister.
Since they have had this information they have backed right off, not admitted any fault and are currently paying the care fees 'without prejudice'
My advice would be get legal advice from a specialist, your own independent valuation but on the specific instruction from your solicitor. This part is important, as for instance you could say the property is worth £1,000,000 but if you can't sell it because the other owners don't want to, what is it actually worth as a share, is there a market to sell a share? Legal restrictions to prevent this? A surveyor wouldn't be expected to know this so has to be provided it.
Present that to them and leave them to answer it.
