Order of sale

[ConfusedMum22]

I am cohabiting with my partner of 13 years who has cheated. We have a child together aged 6 and I want to sell the property and move on with our lives. I have tried to be amicable but he wants the route of anger and hate towards me. He refuses to sell and would rather it get repossessed. I have looked into court orders but wondered if anyone has any experience or history with this?

It’s the easiest TOLATA application to make. It should be a part 8 claim as it is unlikely to involve a substantial dispute as to facts.

You’ll still need a solicitor but you stand a good chance of getting a costs order.

Would we be forced to sell or would they want me to remain in the house and pay him rent towards his proportion of the house? I would rather sell you see

If you want to sell chances are you’ll get the sale. Unless he can buy you out for full value and get you off the mortgage.

There’s no chance of him buying me out or me buying him out hence the sensible option was to sell but obviously persuading him to do so is another matter!

Hi @ConfusedMum22 how did you do getting your court order of sale? I am currently looking at doing this and wondered how easy and quick it was?