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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1100
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Can I apply court order myself to force a sale on jointly

Customer Question

Can I apply for a court order myself to force a sale on jointly owned property?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
Please could you confirm the relationship between yourself and the joint owner - is the joint owner your spouse?
Regards
Caroline
Customer: replied 2 years ago.
I am still married. I left the marital honme 3 and a half years ago and I am still paying the mortgage. No kids are involved as they have all grown up and working.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello,
Thank you for your response.
As you are married you need to apply for divorce or judicial separation to then be able to look to resolve the issue of the matrimonial finances. An order dealing with the matrimonial finances cannot be obtained until after obtaining decree nisi in divorce proceedings or the decree in judicial separation proceedings.
You cannot apply to court in relation to division of matrimonial assets unless you have made a referral to a mediation service first. Mediation is a service to seek to help parties resolve matters without the need to go to court. Mediation will help you through a process called disclosure. Disclosure will assist negotiation as to what is a fair settlement. Agreement can be reached at mediation for a property to be sold if that is appropriate - which is often the case if the property is the biggest asset. If mediation is successful this would lead to the drawing up of a consent order which should be lodged at court with an application for decree absolute. Once approved by a Judge this will be legally binding. If needs be you could apply to the court to enforce such an order.
If mediation is unsuccessful then you can make an application to the court to resolve the issue of the matrimonial finances. The mediator will sign the form that you need to make an application to the court. The current court fee is £255 for an application for the financial matters to be resolved. The divorce petition fee is £410. If a consent order is agreed without a hearing then this would carry a fee of £50.
It is important to obtained a sealed order from the court before finalising matters - not doing so could leave yourself exposed to a future claim.
Your first steps are to find a mediation service. The National Family Mediation Service can be found at www.nfm.org.uk
Court forms can be located at the HMCTS website.
Kind regards
ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 2 years ago.
Hello,
I would be grateful if you could rate my answer.
Kind Regards
Caroline
Customer: replied 2 years ago.
if I was just to pay half the mortgage payment each month to the mortgage company as I am sure my ex wife won't honour her half would this action cause problems with my credit rating?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
If the mortgage was not paid in full (and your name is ***** ***** mortgage) then yes - this will likely affect your credit history.
You should also consider that if the mortgage is not paid in full and agreement is not reached with the mortgage company then could seek to start repossession proceedings. Worst case the house could be sold at an undervalue which could reduce any equity.
Kind regards
Caroline
Customer: replied 1 year ago.

I have taken your advice with regards ***** ***** however this has proven unsuccessful as my wife mentioned something during her mediation consultation that resulted in the conclusion of future mediation. With this in mind can i now apply for a court order to force a sale of the marital home which my wife still lives in and im paying for and if so how do i go about the procedure going forward. kind Regards James

Expert:  ukfamilysolicitor replied 1 year ago.

Dear *****

I hope that you are well.

Can you tell me - do you have any minor children still living in the house? what is the equity?

Kind Regards

Caroline

Customer: replied 1 year ago.

Hi Caroline, thanks for your speedy reply, all the children have grown and live with me. The house value is £135K on mortgage £68K. Kind regards James

Expert:  ukfamilysolicitor replied 1 year ago.

Hello James

Thank you for for clarifying that for me.

What you now need to do is ask the mediator to sign the Form A for you and then you can send this form to court to start the financial proceedings.

Kind Regards

Caroline

Customer: replied 1 year ago.

Hi Caroline, thanks again for your speedy reply. I will call my Mediator tomorrow to put the wheels in motion. What happens once the Form A has been sent into the courts and what dept of courts do I send it too?

Kind Regards

James

Expert:  ukfamilysolicitor replied 1 year ago.

Hello James

You need to send it to the family court that is dealing with your divorce.

If this is a bulk centre - still send it there - and they will allocate the case back to your local family court.

Kind Regards

Caroline

Customer: replied 1 year ago.

Thank you very much speak to you soon Caroline

Expert:  ukfamilysolicitor replied 1 year ago.

your welcome :)

Customer: replied 1 year ago.

Hi Caroline, my wife is in receipt of a widows pension and has been since about 1990. In a divorce settlement am I entitled to half of this or a proportion of this?. I am aware that she is entitled to half my pension and of course that's right, would it be therefore correct that I am entitled to half of her work's or private pension?

Kind Regards

James

Expert:  ukfamilysolicitor replied 1 year ago.

Hello James

Everything is included in disclosure and so she will have to disclose this. Discussions about division can then take place when 'all the cards are on the table'.

Kind Regards

Caroline

Customer: replied 1 year ago.

Thanks Caroline. Although we have split up 4 and a half years ago and live in separate homes if I were to set up a new business going forward can my make a claim on the business etc?

Kind regards James

Expert:  ukfamilysolicitor replied 1 year ago.

Hello James

You are going to have to disclose any new business - as everything has to be included in disclosure.

You can argue that it is a post separation asset. Its going to depend on what the other assets re to meet need - but will hopefully be negated by the long separation - as needs should hopefully already be being met.

Once the financial proceedings have been finalised - this will prevent any future claim. You need to look to secure a clean break if possible so that your ex cannot seek to increase spousal maintenance at a later point.

kind regards

Caroline