tenants in common

Hello

I am seeking advice on the West Australian law regarding tenants in common arrangements.

I am specifically interested in how disputes are resolved - where there are
five tenants in common for one property and one tenant in common wants to
retain their share of the property, with the other four of the tenants in
common wanting to sell their shares ?

Can the other four tenants in common sell their 20% x 4 = 80% of the
property as an 80% share ? How easy or difficult is it to sell / buy an 80% interest in a house ?

Can the person wanting to retain their 20% share do so or can they be forced
to sell ? If so, under what circumstances ?

Your advice would be very much appreciated as soon as possible.

Thank you

Marcelle Broderick

If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be. It may cause compromise which is of course what you need here now.