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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I wrote to you in December 2014 about my ex from 2008

Resolved Question:

Hi,I wrote to you in December 2014 about my ex from 2008 and housing for our 2 children. You were able to offer some sound advice, especially compared to my local High Street family law firm.Our youngest is 18 this month and want to pursue the sale of the family home. I dont anticipate my ex making it very simple and know she will present a huge set of obstacles starting with not providing any contact details. I've tried to deal with her through my eldest (she is 23 this month) but both of them have a mindset that means they want to do the opposite of everything I want even if it means spiting themselves. At least that how it seems. I'm of the mind that no amount of mediation will allow me to communicate directly with my ex. I think I'm a very reasonable person and have been very generous while the girls have grown up but will never be able to see eye to eye with my ex.I dont believe I will need a court order to sell the house - hopefully just a letter from a solicitor outlining how the sale will proceed and what she needs to do.I look forward to your reply.regardsRichard
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
For December pls read July
Expert:  Clare replied 1 year ago.
HIThank you for your questionI assume that your ex lives at the property?How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
Hi
My ex lives with her bf and has done so for a few years as far as I am aware. My youngest lives in at an agricultural college now and spends weekends with her mum. Only my eldest lives at the house as it is handy for work (and free).The house is worth 220k to 240k and we have an outstanding interest only mortgage of £120k.regards
Expert:  Clare replied 1 year ago.
Hi
Just to check I understand you - the ONLY person living at the house now is your eldest daughter?
Clare
Customer: replied 1 year ago.
Yes correct - I'm 99% certain but I'm not totally aware of any of their circumstances. This is due to the breakdown of contact and communication which is why this situation has arisen. In legal terms I would guess there isnt much of an issue . My biggest challenge is how to instigate the sale of the property and I figure a letter from a solicitor spelling out my rights and my ex's obligation to me will be a step in the right direction. However, without any contact details, it would be make it difficult to deliver. If it was delivered to the house in question then its possible my eldest would convey the contents.
Anyway, there may be better options, hence the need for me to sought legal advice.
Regards
Expert:  Clare replied 1 year ago.
HiGiven that she no longer lives in the property there is no reason why it should not be sold immediatelyYou need to write a short but formal letter pointing out that you wish to invoke your right to call for the sale of the property.Say that of you do not hear from her within two weeks confirming her agreements and nominating an estate agent then you will apply to the court for an Order for Sale - without which I am afraid you cannot proceedThe process is set out herehttp://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdfI hope that this is of assistance - please ask if you need further detailsClare
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