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Peter Collins
Peter Collins,
Category: European Law
Satisfied Customers: 6596
Experience:  Barrister at Self Employed
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Can anyone help with a question about applying to the court

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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 month 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 month 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 month ago.
thanks for getting back to me, he is 11.
Customer: replied 1 month 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: https://solicitors.lawsociety.org.uk/

I hope this helps.

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

Customer: replied 1 month 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.

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