A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info

Forcing a sale of a house

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
23 Mar 14 #426982 by LittleMrMike
Reply from LittleMrMike
This is a different situation as compared with the one to which I replied.

If a property is in joint names, both the joint owners must sign the contract and the subsequent transfer.

Normally, of course, what happens is that the net proceeds of sale will be divided between the joint owners in agreed proportions.

Effect21 - I may be having an off day today ( I probably am ) but I am not sure what you are asking my advice about.

If the situation is that

(a) The property is in the joint names of yourself and someone else
(b) The property is to be sold, and both the joint owners agree on the sale
(c) You are happy that your ex partner, the other joint owner, can keep all the proceeds and you are not making any claim on them ;
(d) You are willing to sign the conveyance and the transfer ;

then all you need to do give clear written instructions to your solicitor or conveyancer to that effect.

But from your point of view you need to make sure that you are not landed with any ongoing liability, which is admittedly unlikely, but just possible.

LMM

  • effect21
  • effect21's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Mar 14 #426986 by effect21
Reply from effect21
LittleMrMike wrote:

This is a different situation as compared with the one to which I replied.

If a property is in joint names, both the joint owners must sign the contract and the subsequent transfer.

Normally, of course, what happens is that the net proceeds of sale will be divided between the joint owners in agreed proportions.

Effect21 - I may be having an off day today ( I probably am ) but I am not sure what you are asking my advice about.

If the situation is that

(a) The property is in the joint names of yourself and someone else
(b) The property is to be sold, and both the joint owners agree on the sale
(c) You are happy that your ex partner, the other joint owner, can keep all the proceeds and you are not making any claim on them ;
(d) You are willing to sign the conveyance and the transfer ;

then all you need to do give clear written instructions to your solicitor or conveyancer to that effect.

But from your point of view you need to make sure that you are not landed with any ongoing liability, which is admittedly unlikely, but just possible.

LMM


Thanks for responding so quickly LMM!

Yes the property is in joint names and we''ll both have to sign the contract and subsequent transfer.

She just wants a legally binding document from me before going ahead. She keeps talking about courts. Is this needed? Or can my solicitor just draw up the document?

How long is this likely to take? And cost?

Thanks,

Mark

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
23 Mar 14 #426996 by LittleMrMike
Reply from LittleMrMike
A solicitor should be able to put you right.

LMM

  • Buzz78
  • Buzz78's Avatar
  • New Member
  • New Member
More
01 Oct 14 #445843 by Buzz78
Reply from Buzz78
Seems to be a huge amount of knowledge being given on here. This question is on behalf of my mother.

My father died over 10 years ago and the mortgage on the house was paid of from his life insurance. My mothers been in the house for 40 years. The deeds where then put into her sole name.

She later remarried, leaving the deeds in her name solely and in her previous married name.

They are now going through divorce proceedings.....he is threating to force the sale of the house. She is on a low income and cannot afford rent or a new mortgage. Selling the house will make her homeless.

Looking to get solicitors involved, but would appriciate any information about where she stands and options.

Thanks in advance.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
01 Oct 14 #445846 by WYSPECIAL
Reply from WYSPECIAL
Probably get more replies if you start your own thread.

You need to give more details about ages, incomes, all assets and length of marriage.

How big is the house? Housing both parties will be the priority.

  • Buzz78
  • Buzz78's Avatar
  • New Member
  • New Member
More
01 Oct 14 #445847 by Buzz78
Reply from Buzz78
Thanks for response

Will do, will post here as well.

Mother is 60 no assets apart from the house, and furniture.

Low income working 16 hours a week minimum wage.



Husband 55 no assets of own

Not working, on disability benefit

Already in progress of getting accommodation from council



Married 12 years

Small house less than £75k

  • Buzz78
  • Buzz78's Avatar
  • New Member
  • New Member
More
01 Oct 14 #445850 by Buzz78
Reply from Buzz78
Thanks for response

Will do, will post here as well.

Mother is 60 no assets apart from the house, and furniture.

Low income working 16 hours a week minimum wage.



Husband 55 no assets of own

Not working, on disability benefit

Already in progress of getting accommodation from council



Married 12 years

Small house less than £75k

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11