Has anybody been to court to force a sale??

(9 Posts)
mammadiggingdeep Sun 25-May-14 14:29:25

Just that really.

House is jointly owned. Split a year ago. I want to sell or maybe buy him out. I just don't want to own a house with him anymore.

mammadiggingdeep Sun 25-May-14 19:41:28

Bump

Nappaholic Mon 26-May-14 22:49:30

The usual position is that if one owner wants to sell, the property has to be sold. There are exceptions though. If you want to research it some more the area of law is "cohabitees" and the law is generally governed by the Trusts of Land...Act 1996. Resolution accredits some lawyers in this specific area of law.

mammadiggingdeep Tue 27-May-14 19:14:23

Thank you!!!!!!

Nappaholic Wed 28-May-14 00:31:04

You are most welcome...good luck!

McKenzieFriend Wed 28-May-14 10:15:39

Are you /were you married?

The bottom line is that it is always better and cheaper to try and negotiate out of court. However, ultimately you will need to apply for Ancillary Relief to have the assets divided.

Sale of a property depends very much on a) Other assets you have in the relationship that may offset againstthe equity in the house b) the capital that is needed for both of you to rehouse c) the needs of any children from the relationship (this is always the first consideration).

Hope this helps.

McKenzie Friend Phil

mammadiggingdeep Wed 28-May-14 19:21:09

Hey, Thankyou...we weren't married, 2 young dc. Own house 50/50

PureTree Thu 29-May-14 20:49:12

If you have two young children together be aware that you could make a Schedule 1 Application under Children Act 1989 as well as a Trusts of Land Application

mammadiggingdeep Fri 30-May-14 09:46:12

Thankyou

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