Order to sell a propery

I have a simple question and cannot find the answer anywhere. I need to apply to court to force the sale of my property but do not know the name or number of court form and cannot find it on any lists. Legal assistant called it An Order to Sale but this hasn''t helped me - I am representing myself, not looking hopeful so far!

Hi and welcome to Wikivorce!

Where are you in the whole process?

Do you have a Court order stating the house must be sold? - if so, an enforcement is needed.

You can''t just apply to court out of the blue to force a house sale, the house is considered as part of the whole ''marital pot''

WR

The first question is whether you are legally married.

Secondly, I assume the house must be in joint names.

If it is ( as I assume from the question it must be ) then if you can''t sell by agreement you need a court order.

But please answer the first question, because the answer makes a difference.

LMM

Thanks for replying.
I am at the very beginning and was told by a solicitor (free one-off advice) that step 1 is to apply for an Order for Sale and that that was the name of the order for which I am looking for the application form. She said an Enforcement order would be step 2 if ex-partner didn''t comply, i.e, refused to accept a reasonable offer or to allow viewings. Is this not correct then?

Thanks.
No we are not married. We lived at the jointly owned property for 4 years and it is held as Tenants in Common. I have moved out and we have a joint mortgage currently being paid. He refuses to sell, though he has never put this in writing.

Yes, you would need to apply under sections 14/15 of the Trusts of Land and Appointment of Trustees Act 1996.

As long as there are no dependent children involved it is likely the Court would make an order for sale but perhaps would allow a few months'' delay to enable him to look for other accommodation.

LMM

Thank you,

There are 2 dependent children involved, they live with me in the rented house. The ex-partner has the jointly owned, 3 bedroomed family home to himself.

I am worried about losing the rented home because I will at some point stop receiving housing benefit which pays half the rent, because I have equity in the house he is living in but wont sell.

How do I apply for the Order for Sale? I have asked the court twice and they said they are not Legally trained and cannot provide any forms and must find everything for myself. The advice I received from a barrister was to ask the court. I have searched on line on the Justice site, I cannot find the form. I am so frustrated, I don''t know how to proceed. I am capable of filling in the forms and don''t mind going to court but I feel I am blocked at the first hurdle.