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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Peter Collins Your Own Question
Peter Collins
Peter Collins,
Category: European Law
Satisfied Customers: 8141
Experience:  Barrister at Self Employed
Type Your European Law Question Here...
Peter Collins is online now

Can anyone help with a question about applying to the court

This answer was rated:

can anyone help with a question about applying to the court for order for sale

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you tell me how much equity there is in the property, and whether you are married please?

Customer: replied 1 year ago.
20k in equity, not married, she is off work for stress, her son stays 3 nights a week but she will only sell when she is ready. i understsnd 5 to 7k court costs but would stess and her son go against me in court?
Customer: replied 1 year ago.
no thanks for calling, on here is fine

Of course - please excuse the call request, it's automated.

How old is her son please?

Customer: replied 1 year ago.
thanks for getting back to me, he is 11.
Customer: replied 1 year ago.
ive even offered to give her half the equity and say she can stay for a reasonable time to find a property or we just sell. thanks

I understand. Her being off work with stress would not affect a sale being forced through the courts. Nor do I think her son staying less than half the week with her would sway the court.

On the face of it you have a good case, and I imagine a strongly worded letter to this effect from a solicitor pointing out the likely costs of an application to court (and the fact the court would make her pay these costs as the party refusing to sell) should help focus her mind.

You'll find a solicitor with the link here:

I hope this helps.

I will remain available for any follow-up questions, should you have them.

Customer: replied 1 year ago.
thank you so much, one last question is there anyway i could make her take my offer and buy her out?

My pleasure. You can't force her to take your offer, no. But the court proceedings could possibly conclude with that outcome, if the judge saw it as fair. It's impossible to say for sure though.

Thank you.

Peter Collins and other European Law Specialists are ready to help you