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Eviction

2 replies

bustrainwalkwalk · 15/09/2014 21:56

I have been advised today (in a free advice session with a junior solicitor) that I need to have my ex evicted from our jointly owned property.

I already have a Court order made in my favour stating the property must be placed on the open market immediately to be sold but he is refusing to comply and is in contempt of the Order, refuses to allow viewing etc.

Can a joint owner easily evict the other owner in these circumstances due to them blocking a Court Ordered sale? Does anyone know how to do this? Looking online for info about claims for possession seem to need to be a landlord evicting a tenant or a mortgage company evicting the owners for non payment.

OP posts:
MoralisRubric · 16/09/2014 17:37

Typically since you joint own the property you both have equal rights, thus the reason why the property is order to be put on open market - neither should be able to have more power, this kinda defeats the purpose of joint ownership.

bustrainwalkwalk · 16/09/2014 18:04

I understand that's the legal position with no Court involvement. However I have a Court Order now which states it will be sold and the joint owner won't comply with the Order.

I've been advised to apply to Court for a penal notice to be added. Will this help does anyone know? Any advice on how I do that- do I literally write I would like a penal notice added and the Order reissued due to the defendant refusing wholesale to comply...

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