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 ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

I am planning to get a court order to force the sale of my

Resolved Question:

I am planning to get a court order to force the sale of my house which is jointly owned and my ex-partner is refusing to sell the property.
I am not sure which form I need and I do not know which court to use. I am also not sure of the procedure.
Could you please inform me as to the legal procedure, possible cost and the form to use and where to get the form from and which court to use please. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- do you hold the property as Joint Tenants or Tenants in Common?

- has there been any deeds of trust?

- do you have children together?

Kind Regards

Caroline

Customer: replied 1 year ago.

We own the property as Joint Tenants.There is a mortgage deed which I have with me in which we both signed when the house was originally purchased in the year 2000. But she went behind my back and drew up a declaration of trust in 2009 which I was not aware of as I was unwell at the time and she was my carer. I only found out about it in the year 2015. This declaration of trust had my signature on it. The declaration of trust stated that she would get 100% appreciation in the property while I will get nothing. It also said that I am responsible for 50% of the negative equity. Although the declaration of trust had witnesses, she had admitted to me that the witnesses were not present when I signed the declaration of trust. Does the declaration of trust amount to fraud?

We have no children and have never been married. Please bear in mind that I will be willing to pay more for your advice regarding the declaration of trust and how to force a sale of the house.

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

A few more questions:

- did you sign the declaration of trust?

- is the house still in negative equity?

Kind Regards

Caroline

Customer: replied 1 year ago.

I did sign the declaration of trust but was not aware of when I signed it because I was heavily on medication at the time. The medication she told me to take as my carer. It would appear that I was a vulnerable adult at that time. The house now has £67,000.00 equity in it which would be split equally if I can prove that the declaration of trust is not a valid document. The house is no longer in negative equity.

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Please accept my apologies for my delay in responding to you.

Please may I ask - when this document was signed was the land registry notified? or is the property still held as joint tenants on the offical register?

Kind Regards

Caroline

Customer: replied 1 year ago.

The declaration of trust was lodged with the land registry but the original mortgage company/bank still consider us as joint tenants. There are a lot of information on the declaration of trust which are not true. First of all, she said that she gave me £17,000.00 as my share of the property but this is not true. She also said that I was solely responsible for a charging order of £8,000.00 on the property and this is also not true. She told me that she was the only witness to my signature even though two witnesses signed to say that they were present and they were not. She was going to use the declaration of trust to transfer the property into her sole name but this did not happen because she could not afford to. The mortgage company is always contacting me because she is always in arrears and I do not want to have a joint mortgage with her any longer. I would like my name off the property and the only way that I see that I could do this is to force a sale of the house.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
It's unlikely that the court will consider that you didn't have capacity to sign the declaration of trust. You might be able to argue that as the monies were not paid to you as per the declaration then it has not been properly formalised.
The area of law that deals with this type of dispute is the Trust of Land Act.
You can make an application to your local county court asking for the court to decide the following:
1) a declaration by the court as to your interest in the property and
2) an order for the sale of the property
You make the application on a Claim Form Part 8:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The court fee is £280
Payable to HMCTS when you submit your application to the court.
You may be eligible for a fee remission depending on your circumstances- see:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a-eng.pdf
In your application you need to detail the history for the court as you have described it to me:
- how the house was bought as Joint Tenants
- how you signed the declaration
- how the declaration was not actioned in respect of monies described as payable to you
- how you are still responsible for the mortgage
- the position in respect of the arrears
The court will decide the matter of what you are entitled too and if the property should be sold.
You may want to also consider referring your case to Family Mediation to see if these issues can be agreed without the need to apply to court. There are lots of mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
Kind Regards
Caroline
If you have found this service useful please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.

Hi,

Thank you for the information. I just have two more questions to ask. The first one is should I send a copy of the claim form to my ex as well as sending the original to the court or would the court inform my ex anyway? The second question is that should I include a copy of the declaration of trust or not?

As soon as I get your reply, I will pay extra for your service as I feel that your advice has been invaluable. It is simply wonderful. Thank you.

Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning
Thank you for your kind words - glad I could help.
The court will normally serve the claim form by post - unless you say you want to do this personally.
Yes - do include a copy of the declaration as this will be a central issue in your case.
Please don't hesitate to ask if I can assist further.
Kind regards
Caroline
Customer: replied 1 year ago.

Hi,

Thank you for your reply. I just have one final question. The indication is that the witnesses were not there to witness my signature. They signed the declaration of trust at another location. My ex told me this and the witnesses are not known to me and I did not seek independent legal advice before signing this document. It would appear that the only person present to witness my signature was my ex. The declaration of trust was also concealed from me. Although I do accept that the final decision rest on the court and that you can only give your expert opinion which I do accept. Doesn't this new information invalidate the declaration of trust?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
My apologies for my delay in responding to you today.
My view is that your best argument is that the Declaration wasnt implemented because the monies it said that you were to receive were not actually paid to you. It is still worth mentioning to the court about the witnesses although I am doubtful how far that will take you.
If you need the property to be sold so that you are no longer liable for the mortgage then you need to make the application to the court anyway - so you may as well include your arguments about the deed of trust so that a Judge can decide what interest you have in the property.
Kindest Regards
Caroline
ukfamilysolicitor and other Law Specialists are ready to help you

Related Law Questions