How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

how do I force the sale of a property through the courts. my

Customer Question

how do I force the sale of a property through the courts. my ex partner is refusing to buy me out and blatantly delaying the sale and opposing any attempt I make. I want it gone and my money
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Is it owned as tenants in common?
Customer: replied 3 years ago.


tenants in common


 

Expert:  Stuart J replied 3 years ago.
I assume that there are no children or that those arrangements have already been resolved and that any financial arrangements have been agreed, and that your ex is just being obtuse and awkward for no reason.
In which case, you can apply to court for an order for sale which will compel the X to market the property.
The court can order the property sold and it can also order:
the marketing price
the price to be excepted
the agent to be used
the solicitor to be used
the X to cooperate with regard to the sale
specify that she is not in the property when viewings take place
actually order her to move out to facilitate the sale
it can also sign documents instead of her, if she refuses to sign them. And it can charge your costs for the privilege.
My suggestion would be to get a solicitor to write to her threatening an application to court for an order for sale and threatening an application to court for the substantive legal costs of the application.
The court cannot order her to buy you out. It can only order the property sold and the proceeds divided.
Does that answer the question? Can I help further? Can I answer any specific points?
Please don't forget to positively rate my answer service even if it was not what you wanted to hear. You should now see a series of buttons which enable you to rate my answer service formally.
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating.
It doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask.
The thread does remain open for me to answer follow-up questions after rating my answer service.
Customer: replied 3 years ago.
It's a he not a she i have requested amicable agreement and appointment of a agreement to sell they have ignored they have had it valued at 20 grand less than my agent valued it and are deliberately trying to under value the house. How do I get a forced sale order form for the court
Expert:  Stuart J replied 3 years ago.

It doesnt matter he or she. There is no legal reason why you cannot do this yourself but unless you have experience of doing this kind of application, it is about as much a do it yourself job as taking your own appendix out! Apply on court form N208 and N244A. The court forms are available here http://hmctscourtfinder.justice.gov.uk/HMCTS/FormFinder.do

You are going to need 3 valuations to allow court to fix a pprice