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 Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

, I need to know what application form I ask my local county court order to be ab

Resolved Question:

Hi, I need to know what application form I ask my local county court for in order to be able to sell a house that is co-owned. My friend has paid the mortgage for 28 years on her own but her sister is still on the deeds and insisting on having half of the proceeds even though she has never contributed. I have been told by a solicitor that if we apply to county court they would listen to both parties and suggest a fairer settlement. Can you advise on the right form to ask for? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Do you know why the sister was on the deeds in the first place? Did she contribute any initial deposit for example?

Customer:

Both sisters originally purchased the house together with a deposit given to them from their father. I believe it was about £3000. They lived together for a short time but because my friends sister had her boyfriend with her all the time they fell out and she left the house.

Customer:

are you still there?

Customer:

I keep seeing Joshua has stepped out of this chat then Joshua has entered this chat yet I see no written reply....?

Joshua :

Hello

Joshua :

My apologies for the delay in replying to you. The thread was locked by one of my colleagues and I was unable to respond.

Joshua :

Would you still like to proceed?

Customer:

yes

Joshua :

Thanks. you refer to deposit being gifted by their father. I appreciate you may not know all the facts and it is not necessary for me to know the answer to this in order to reply to your question, though it may allow me to provide more detail if I did. do you know if the deposit was gifted by the father between the sisters, in other words £1500 each or was the deposit gifted just to one sister or unequally?

Customer:

To both sisters I believe

Joshua :

Thanks.

Joshua :

Based upon what you say, the position is that both sisters are legal owners of the property and therefore, as you know, your friend will need her sisters signature to a transfer deed in order to successfully sell the property. Also from what you say, it is likely that both sisters will have a financial stake in the property. Initially this was likely to be equal financial stakes but your friend can seek to show that in making capital payments to the mortgage over the years, she is now entitled to a greater financial state commensurate with those capital payments that is her sister

Joshua :

if they are not able to agree, your friend can apply to the County Court under the trusts of land and appointment of Trustees act for an order from the court that the property is to be sold and the respective shares of your friend and her sister determined by the court based on the evidence each party can bring

Customer:

Is it correct that the best way forward would be to fill out form N208 from the county court and they would help settle the dispute and suggest a fairer financial split based on what each party put forward?

Joshua :

If they cannot reach agreement your friend can if necessary apply to the court using a part 8 claim form:

Joshua :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Joshua :

A typical TLATA application might look something like this:



They may apply to the court for: 1. A Declaration that the Property and the net proceeds of sale thereof belong to the Claimant and Defendant in shares ??:?? or such other shares as the Court may decide. 3. An Order that the Property be sold with the Claimant to have conduct of the sale and that the Defendant do join with and co-operate with the Claimant and take all steps and execute all documents necessary to effect the sale of the Property failing which a District Judge of this Court will have the ability to sign such documentation in place of the Defendant. 5. Such provision as the Court shall see fit in relation to occupational rent. 6. Such further or other relief as the Court may deem appropriate.


Customer:

Ok, that confirms what I was told. I just needed to know the correct form to ask for.

Joshua :

Yes that is the correct form.

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Customer:

I just had a look at your claim form...its only 2 pages and just says claimant and defendant on it and leaves a space to write on it. Not much to go on how to fill it in nor does it refer to enforcing that the house be sold

Joshua :

These forms are designed principally for use by solicitors rather than members of the public and are therefore deliberately blank. I would be happy to provide you with a skelton draft should this be of assistance which you can adapt. This would take me approxmately 20-30 mins and I would be happy to do so for a fee of say £40 if this of assistance. Alternatively you can ask the court for guidance on how they would like the application set out. THey will not give you legal advie but will help you with procedure.

Customer:

Ok, I will try that first as its cost me already........thanks

Joshua :

Thats fine. The main difficult part is what to ask for in the order which you should be able to use the above to adapt to the circumstances.

Joshua :

If I can help further please let me know.

Joshua :

Has the above answered your questions satisfactorily?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions