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order of sale

  • sharonwatson1960
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29 Apr 17 #491622 by sharonwatson1960
Topic started by sharonwatson1960
Hi

I have 76% share in my property my ex has 14% and has paid no child maintenance for
13 years. After 13 years of paying mortgage on my own I now need to move house but have no idea where my ex is.
I presume I would need to go to court again for an order of sale in his absence. I have a statutory charge on my property from the last court case that lasted 5 years due to his being awkward and trying to put up the costs of court proceedings knowing that I would have to repay legal aid as I had kept the property on. Having 3 children I had to keep a roof over their heads. My statutory charge is now £30,000 and I cannot carry on with this debt with interest rising £30 each week - this has had a detrimental effect on my health and
after 13 years I need to rid myself of this
debt and move on. Also my daughter needs a room of her own as she is approaching 15 years old and we have had to share all this time. He has no interest in the property or my daughter - I would like to know how
much an order of sale would be and could I
represent myself to keep costs down.

Please help

  • LittleMrMike
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30 Apr 17 #491648 by LittleMrMike
Reply from LittleMrMike
Well, the obvious problem is tracing your ex.

Do you know if he might be reached through his family, friends or employers ?

BTW 76 + 14 = 90, where did the other 10% go ???

It's not possible to advise on an order we haven't seen. I think you
would definitely need to take it to a solicitor.

You may have an alternative, namely to apply to the Court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 ( known in the trade as TOLATA )

On the whole though, if your ex may not be co-operative, I think going to the Court would be a better option, but as I say, I can't
advise on an order which I haven't seen and neither would anyone else on wiki.

Your main problem is going to be tracing him.

LMM

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