My daughter wishes the house she owns with her ex partner to be sold, however this is proving difficult to achieve. I have paid for her to see a solicitor who has written to the ex twice with no response and had an appointment with her to discuss the situation. The next step is to ask a judge to force a sale which we have been advised would cost between £13,000 and £23,000 as a barrister would be required. I have since heard about direct access barristers which would save approximately half of the cost, Has anyone experience of this route? would be very grateful for any advice, the solicitor says she is confident costs would be awarded against the ex but no [url=Glossary/General/Absolute.html ]absolute[/url] guarantee
Are there any complications with the case such as the involvement of children?
If they are joint tenants, both named on the deeds, and there are no complicating factors, it should be a straight forward matter. In the first instance she could sever the joint tenancy so they become tenants in common - if they are not already. If they are already tenants in common there should be a deed of trust setting out who owns what share and ideally what would happen if one of the parties wanted to sell.
The question of costs is frequently used as a persuasive tool. Unlike in family law, the costs in property law cases are paid by the loser. The treat of a big costs order is usually enough to persuade the other party to see sense.
A barrister would be able to argue a complex case in court. If it is very simple, you could consider doing it yourself with legal support. You may find a barrister prepared to help you on a conditional fee basis so they get paid only if costs are awarded.
thank you for replying. There are no children involved and they are joint tenants The costs involved have not persuaded her ex partner to cooperate, he has finally invited two agents to value the house but failed to answer calls from them after. He is unemployed at he moment and I have paid the mortgage for the last four months. I have seen you can go direct to a barrister saving the admin work from the solicitor. I am worried that costs are not awarded against him so want to keep the fees down