Can a house be sold at auction without all owners on a property's ownership title signing their concent?
Heres the situation, 1 elderly parent dies leaving their half to the family home to their only daughter (the house was previously in a "Tenants in Common" struture between the two parents while alive).
The remaining parent subsuquently had a falling out with the only daughter and is serious about preventing their offspring gain ownership of he house after they pass away.
The house ownership title is now under the names of 3 trustees (the parent, the daughter, and a 3rd party lawyer).
The will of the deceased parent allowed the surviving parent the use of the home while still alive but did have a clause instructing the trustees to consider the wishes of the surviving parent should they need to downsize to a substitute property.
The remaining parent now wants to sell the house and go into a retirement village. Can that parent (who is now 90 and possibly suffering from something that old people get) legally sell the house by auction without concent or signatures from the other two on the title without the others having a say or does it legally need all partys agreeing to allow a sale to go through? or do they need a court/judge to decide whether it should be sold if the others refuse to sign? The elderly parent seems to be trying to sell up without the daughter knowing just to screw her and her family. And can there be anything done to prevent a sale going through as the family of their eldery parent would prefer looking at other options to providing for their remaining parent?
Heres the situation, 1 elderly parent dies leaving their half to the family home to their only daughter (the house was previously in a "Tenants in Common" struture between the two parents while alive).
The remaining parent subsuquently had a falling out with the only daughter and is serious about preventing their offspring gain ownership of he house after they pass away.
The house ownership title is now under the names of 3 trustees (the parent, the daughter, and a 3rd party lawyer).
The will of the deceased parent allowed the surviving parent the use of the home while still alive but did have a clause instructing the trustees to consider the wishes of the surviving parent should they need to downsize to a substitute property.
The remaining parent now wants to sell the house and go into a retirement village. Can that parent (who is now 90 and possibly suffering from something that old people get) legally sell the house by auction without concent or signatures from the other two on the title without the others having a say or does it legally need all partys agreeing to allow a sale to go through? or do they need a court/judge to decide whether it should be sold if the others refuse to sign? The elderly parent seems to be trying to sell up without the daughter knowing just to screw her and her family. And can there be anything done to prevent a sale going through as the family of their eldery parent would prefer looking at other options to providing for their remaining parent?
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