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Court order to force sale - jointly owned property

  • Sep88
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23 Sep 15 #467143 by Sep88
Topic started by Sep88
left my ex-partner (not married) in September last year moving out of the home we jointly owned very recently into the new mortgage. I put down £8000 of my savings as a deposit on the mortgage and it was based on my salary - he didn''t put in anything but was still named.

I have given him a year to take over the mortgage himself, he is ''self employed'' in loose terms. He has failed a credit check (and says he doesn''t know why) so cant take on the mortgage at this point.

I want to move out of my parents house and buy a new home, but cant do this while im still on a mortgage on a house that I don''t live in.

I have been extremely patient in this situation to allow him time to sort this out, but now feel he has been deceiving me about his financial situation and his ability to actually take on this mortgage at all.

I intend to now take legal action to force him to sell the house, but am aware I cannot do this without first attempting mediation - which I have just arranged.

If he refuses this, what sort of costs am I looking at to force and order of sale through the courts?

If he refuses mediation and this goes to court will he have to pay his fees, what if he cant afford the court fees?

Am I likely to win to win in court, and if I do how would I then get him out the house, to then sell it - I cant see him going easily?

Thank you in advance

  • LittleMrMike
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26 Sep 15 #467253 by LittleMrMike
Reply from LittleMrMike
I see you have had no reply, so I will try.

You could apply for an order for sale under sections 14/15 of the Trusts of Land and Appointment of Trustees Act 1996.

You must be clear that, as you were not married, divorce law does not apply and your case is dealt with under the general law of property. A lot depends on the wording of the documents which were drawn up when you bought the property in the first place.

I may be wrong but I don''t think mediation is obligatory for you, though it makes sense to try and agree a settlement if you can. On the evidence you have given me, it is likely your case would be a strong one, and for his to try and contest it would be likely to result in an order for costs.

However, you must take legal advice first because so much depends on the actual documentation.

LMM

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