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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34473
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How long does it take to go through the courts over the sale

Customer Question

How long does it take to go through the courts over the sale of a house if you are tenants in common and one of the owners doesn't wish to sell? How much does it cost to get advice and go to court? Can both parties spilt the cost? Many thanks.
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.
Could you explain a little more about the background to the question please
Clare
Customer: replied 2 years ago.
I own a house with ab ex partner since 1996. I wish to sell the house but my ex partner doesn't want to. I currently live and work overseas and have done since nov 2009. I work for the foreign office. The mortgage is 80k and the house is worth 380k. I don't think I can buy him out. The house is under a tenants in common agreement with a 50/50 share. I now wish to go to court as I have tried for so long to get him to sell. So, how long would it take and how much does it normally cost? What is the procedure? Many thanks. My ex partner thought rather bizarrely that after 5 years of separation I would move back into the house and we would start the relationship again! Do you need any further information?
Expert:  Clare replied 2 years ago.
Hi
I assume that you will not wish to deal with the application in person?
Clare
Customer: replied 2 years ago.
No! But does that make a difference in process and costs?
Expert:  Clare replied 2 years ago.
Hi
The Process is described in some detail here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
On average the process will take between six and nine months and you will be successful as there is no defence - unless your ex is willing to buy you out.
The costs are likely to be between £3000 and £5000 depending on the area you live in - possibly a little more if your ex drags the matter out
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanks. Do I need to apply with the pre application letter myself or can a solicitor do it on my behalf? And one more quick question, what is the best way to find a solicitor? As I work abroad it's a bit difficult to work out the best way to take the next step! Many thanks Clare.
Expert:  Clare replied 2 years ago.
Hi
You can do the pre action letter yourself if you wish - but there is no need to do so
In terms of choosing a solicitor you should start by looking for a large firm in the town/city wher ethe property is and contacting them to see if they will accept instructions from abroad.
Alternatively chose a firm which has offices in the country you live in and the Uk if there are any.
Speak to your local office and see if their UK arm will take it on
Clare