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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34282
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own a a house in Wales as tenants in common with my

Resolved Question:

Hello,
I own a a house in Wales as tenants in common with my ex-husband (50:50). Can I force the sale of this property - I have asked him about this before but he has been reluctant to sell but I now want to cut all ties with him.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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

Was there a financial agreement within the divorce proceedings which were sealed by the Court?

Customer: replied 1 year ago.

No, this house was bought together after we divorced (1996). We've had the house since 2011. There was a financial arrangement after our divorce but it did not involve this house in Wales.

Expert:  Clare replied 1 year ago.

How much is the house worth and how much is outstanding on the mortgage - and what was the purpose of the purchase?

Customer: replied 1 year ago.

the house is worth around £59-£60k, there is no mortgage, we purchased outright. The purpose of the purchase was in remembrance of our son who died in 2011 - we thought it would be okay but ,unfortunately, the difficulties with my ex still continue.

there is no declaration of trust, i have looked it up already so is court action the best option now?

Expert:  Clare replied 1 year ago.

You are correct - indeed it is your only option

You will need to write a formal letter asking him to agree to a sale.

If he ignores or refuses the request you can then apply to the court for an Order for Sale - which will be granted - and for costs.

You can read more here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

Please ask if you need further details

Customer: replied 1 year ago.

Okay, thanks - do you have any idea of how much this Order might cost and who will pay - will this come out of his share?

Expert:  Clare replied 1 year ago.

That will depend if you instruct a solicitor or do it yourself.

If you do it yourself it will cost less than £500

Either way you can ask the court to order him to pay your costs

Clare and other Law Specialists are ready to help you