Any lawyers about who can tell me which form ?

[Ericveis]

Hi there. I am helping my brother proceed with the sale of the home he owns but ex partner still lives in.

He has no money. (Pays rent and mortgage and utilities on both properties) . Has give. Partner 2 years to accept she needs to get a job.

Taken ages to sell but now have keen buyer . Ex now refusing.

Need to make an application to the court to force a sale. All I can find is that he needs to make an application to the County Court. I have been on HMCTS form finder website but can't work out which one.

Can one of you legal supremos point me in the right direction. ?

You say he owns the property. If he owns it outright he does not need her consent to sell it. All he needs to do is give her reasonable notice to leave. Once the notice period has expired he can change the locks when she is out.

If he owns the property jointly with his ex that is another matter and he will need to take legal action.

Hi prh47bridge. thank you so much for your reply. He has been a bit of a softee because of fear that his child will be caught in the middle. But a recent health change means that he cannot continue living in a converted shed with no heating whilst his ex remains in their home. He owns 70%. Pays all mortgage and utilities plus CM.
There is equity for them both to be adequately housed. Mere mention of it causes a really violent verbal reaction and child used as emotional blackmail to keep the status quo.
I am a long way from having any expertise in this area although I am a criminal investigator for a government dept (nc for this post as that's quite outing). So am familiar with courts/court process but not the county court.

There is no money for a lawyer so I am helping him. There is a buyer and a refusal from ex to sign the contract so accept this buyer may be lost but would like to try and help him obtain an order to force a sale. All I can find on line is that an application for a CCJ must be obtained . This has confused me as thought that was for relatively small money claims. Have looked on forms website at HMCTS but cannot work out which application to complete.
Just looking for some advice for the actual process to see if I can understand it. Many thanks.

So is his child living in the house?

Yes. He sees him Saturday overnight and Sunday. (no Wi-fi/heating) so not a comfortable place to be so if it's cold he has to go home.. contact has pretty much whenever he wants to see him so that's at least twice after work during the week . However winter months are difficult without spending money he hasn't got.
Attitudes change when mention of the house being sold and equity divided . He has even offered 50/50 (but she won't budge) . This is not only unfair but so unbalanced . He pays for a 3 bed 2 bath house. Where he has lived for 20 years. Partner has never contributed a single penny to mortgage payments or utilities. Yet thinks he should pay for all 'as it's his son'.
All he wants is money to buy/rent a suitable home where he can have his son in comfort. And she can do the same.

You say partner, were they married? If not, she has no entitlement to the equity. If they were married, are they getting divorced?

No they weren't married.
She put 2 lump sums into the house. One on moving in and the other towards some renovations. She quite rightly required to have her investment recognised and a legal document was drawn up ten years ago giving her a 30% stake. Her signature is required to sell. Which is being withheld.

This thread is t really about the in and outs. Yes he has been far to generous at the expense of his own ability to provide a decent place for his son to stay with him. He hates the child being in the middle of conflict. So opted for the quiet life, but health issues mean this has to change (in my mind needs to change regardless)..
I am just after the name of the forms required to get this issue in front of a judge .

I really don't know on that one sorry OP. If they had been married, it would be much more straightforward.

Could CAB help him with this or could he save up for sone legal advise by doing something like moving in with you for a short while?

I'm not much help here but firstly I am sorry he is in this situation. Secondly, and I'm not sure of the relevance but the first house DP and I bought together was owned by a husband and wife and she was selling it without his permission. As solicitors were already involved during the sale he was simply forced. I don't know how much it cost the wife but my point is that maybe it is better to try and sell it and then get the form signed as solicitors will direct you?

Thanks. Sadly I live way way too far away !

Perhaps someone knows of a legal advice line or similar . This is the sad state of affairs after the removal of legal aid. I just want to know what forms to fill ?
Perhaps a court would help me. ? They don't give legal advice I know, but perhaps could simply tell me what paper work is require ?

Required!

Would the citizens advice be able to guide you?

It sounds like a sad situation, I hope you all get it sorted quickly and with as least distress as possible for the child.

You need to (tell him to) read this www.familylaw.co.uk/news_and_comment/everything-you-always-wanted-to-know-about-tolata

Thank you Collaborate
!! That is EXACTLY what I needed. It gives me a framework to work on !

Ericveis
If litigation really is needed then your brother will make a claim under section 14 of TLATA 1996.
Your brother must fully appreciate the implications of making a section 14 application. It may be that ultimately, an application is necessary, but making it can result in expensive and lengthy litigation where the evidence to be considered and disclosed may be wide-ranging, detailed and personal.
It would be much better to find out the real reason for her not moving out and address this with compromise in a formal family mediation session.
if your brother makes the application, there is no assumption he would actually succeed and get the order for sale, it might be refused.

It would be very unwise to bring this type of claim as a litigant in person (i.e. doing it yourself) and not use a lawyer. It sounds as if there is considerable equity at stake and at risk to losing if it goes wrong.
There is the possibility that the ex will seek to transfer the claim to the family court because of the child and this may add further complication and expense.
Most claims relating to joint ownership under the Trusts of Land and Appointment of Trustees Act 1996 will be suitable for the County Court unless the equity is over £350,000. The claim can be issued in the Court Court Hearing Centre to be allocated to the court local to the disputed property address. You will need to decide whether to use part 7 or 8 procedure - you will find advice on this online and in the guidance referred to in an earlier post. The form to use depends upon which Part you are using. assuming its Part 8, this will include, Part 8 claim form, draft order and supporting witness statement. Examples are contained in the links below.
the claim form is here: www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8
drive.google.com/open?id=1-HZwqTml2L3mGh2jG_hOlMD0o1B9044v
My details and disclaimer can be found on my public profile.

I am extremely grateful. Thank you so much. I will work my way through the advice .

Many thanks for all the replies.
It appears the form required if there is little disputed evidence, (such as this situation where there is a document setting out 70/30 % division of equity.) is under CPR part 8 on a N208 form in the county court.
Just thought I would post it here in case anyone comes looking for the same form.

With hope, legal aid is restored to these type of cases, then lawyers who are trained professionally in this stuff will be able to assist people in these awful situations. I am appalled that people can be denied justice because they can't pay up front. How is that right in anyway?

How is that right in anyway?

It's not right - at the time it happened many posters here tried to draw people's attention to the withdrawal of Legal Aid (with little interest) , but people tend not to be bothered unless or until it affects them.

Update : threatened to withdraw utility payments and increased offer on equity if she doesn't sign.

She signed ...

Want to stress this wasn't about anything other than fairness. My brother does not want to see his ex destitute! But needs for them BOTH to have houses that are adequate for their DD.