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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2541
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I jointly own our family home. We have fallen

Resolved Question:

My wife and I jointly own our family home. We have fallen into arrears on the mortgage payment and the lender has agreed to clear the arrears over the remainder of the mortgage period and obtained a suspended possession order. My wife is unable to make the required financial contribution to our household finances and refuses to consider a sale of the property. I am able to cover the payment (including arrears) for June but won't be able to do so from July onwards. Failing to stick to the agreement with the lender, as far as I understand the situation, they will seek an eviction order from the County Court and I am unable to cover all the payments myself and am therefore in favour of a sale of the house. As we have a considerable amount of equity in the property, if the house were auctioned off we would stand a considerable amount of money.
How do I have to proceed to obtain an Order for Sale from the court if my wife continues to object to a sale? Can I do this myself?
Submitted: 12 months ago.
Category: Law
Expert:  Harris replied 12 months ago.

Hi, thanks for your question. To clarify, are you intending on separateing from your wife or not?

Customer: replied 12 months ago.
Not necessarily, however, my wife says that a sale of the house would be the end of our marriage, whereas I feel that the house being repossessed and auctioned off would be the last straw for me, particularly if we stand to lose a chunk of the equity, since I contributed the down payment when we bought the house in 1998 and I covered all the mortgage payments ever since.
Expert:  Harris replied 12 months ago.

Thank you for confirming.

As the property is in joint names and is the matrimonial home, you cannot sell without her agreement or a court order. If she continues to withhold her agreement then an application to court will be necessary for the court to dispense with her consent and an order for sale to be made.

The court will consider all the circumstances of the matter, including firstly the needs of any dependant children both your needs.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 12 months ago.
Thanks for your Reply - but this only states the obvious, on the other hand you have NOT answered the question I had asked:How do I have to proceed to obtain an Order for Sale from the court if my wife continues to object to a sale? Can I do this myself?I look forward to hearing from you
Expert:  Harris replied 12 months ago.

Apologies - there would be two options.

Firstly, if you decide to pursue a divorce, this can be done under Form A and the form can be submitted simultaneously with the divorce petition. The court fee for the petition is £550 and the fee for the Form A is £255.

Secondly, if you do not pursue a divorce, you can do this under Form N1 as a civil claim to force a sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and a £355 court fee.

You could do this yourself, however, to make sure that the whole process and procedure is followed correctly, it would be helpful for you to be represented - especially if your wife cannot afford representation as you will need to negotiate and deal with her directly if you are unrepresented.

Given the potential contest of this issue I would suggest that this should be attempted through mediation initially - you can find independent mediators here: http://www.familymediationcouncil.org.uk

Harris, Law Specialist
Category: Law
Satisfied Customers: 2541
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 12 months ago.
Many thanks for your reply!

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