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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A two part question relating to a court order about property: My

Resolved Question:

A two part question relating to a court order about property:
My ex partner (as Claimant) has applied to the court regarding the property we shared. The court has declared the share and value due to each party and ordered the property (a) be sold or (b) the claimant to purchase my share.
The Court Declaration shows the correct address but the Order for sale has an error in that the house number is ***** The error is a simple typo, how do I apply to get this corrected?
Second part of my query is how do I enforce the Order? The property will have to be sold as the Claimant is unable to obtain a mortgage or funding to purchase my share but she refuses to place the property on the market.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Order made and how much time was your ex given to try and raise the necessary funds?
Clare
Customer: replied 2 years ago.

Order made 2 June 2014

The Order states the property be sold and proceeds (after deducting outstanding mortgage and costs of sale) be divided 75% to Claimant, 25% to Defendant. In the alternative if Claimant is in a position to purchase the Defendant's interest and release his liability she may do so.

Sale of property is deferred until 28 August 2014 to enable the Claimant to purchase the Defendant's interest if she is able to do so.

====

My ex partner is now in her late 60's and was unable to obtain a mortgage in her sole name when we bought the property. She would not be able to get a mortgage now and a couple of CCJ's have appeared on the Land Registry for the property against her name.

Expert:  Clare replied 2 years ago.
Hi
With regard to the error you should write to the court pointing out the error and asking for the matter to be amended "under the slip rule"
With regard to enforcement assuming this is a TOLATA claim the form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
You are asking for an Order
1. That the house be marketed
2. For you to have conduct of the sale
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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