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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can I overturn an occupancy order? The person who applied

Resolved Question:

Can I overturn an occupancy order? The person who applied for it has not fulfilled the terms of the order. They were supposed to do up the property that I am currently excluded from, they were supposed to put the property up for sale in order to buy me out. None of this has happened, and I have only been offered a single low payout to come off the deeds and mortgage. The property is a house which id jointly owned by myself and a friend. My friend/co-owner has a partner who is able to offer a buyout but it is low and the only offer I have been given. None of the terms of the occupancy have been implemented, so can I apply to overturn it and how do I go about overturning it?
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Why has no-one answered my question yet?
Expert:  Nicola-mod replied 5 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 5 months ago.
I'm okay to wait for an answer. Thank you for letting me know you are searching for an answer to my question.
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When and in what circumstances was the Order made?

Customer: replied 5 months ago.
The order was made on 6th of March for six months by my housemate/joint owner of the property that I am excluded from because I was sectioned under the mental health act and she did not feel safe with me around. I agreed with the order at the time, (we both sat in with the judge at the same time) so she could do up the house and put it up for sale. As this has not happened and I am now well, I want to be able live at my house/home. I want to know if I can overturn the order early? I am finding it differcult to manage rent etc and just want to return without further problems.
Expert:  Clare replied 5 months ago.

How much is the house worth and how much is outstanding on the mortgage

Customer: replied 5 months ago.
Approx 85k -90k house value. approx. 42k outstanding on the mortgage. But I want to know if can overturn the occupancy order which should end on the 6th sept. Is it likely to be extended? Could that happen, and how can I prevent this?
Expert:  Clare replied 5 months ago.

before I can answer I need to know what she should have done by now?

Customer: replied 5 months ago.
The co-owner was supposed to have improved the property and put it up for sale. The order was granted so she could do this. No work has been done to the house, and it has not been put up for sale.
Expert:  Clare replied 5 months ago.

Given that the end of the Order is only a few weeks away there is no point in trying to overturn it at this stage.

This is because in fact by the time it comes to court it will be close to the end date in any event

However if she applied to extend the Order then you will be able to oppose it - and the combination of your return to good health and her failure to do any of the work she was meant to do will make it unlikely that the court would grant an extension

You may also wish to consider an applictaion to force a sale at market price

I hope that this is of assistance - please ask if you need further details

Customer: replied 5 months ago.
Would I have to be informed if she was planning of extending the order?
Expert:  Clare replied 5 months ago.

Yes you will be given the opportunity to put your case if she does apply?

Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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