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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 35012
Experience:  Over twenty-five years experience
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I have recently brought a house with my girlfriend and

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helloi have recently brought a house with my girlfriend and subsequently split up. i have tried to reconcile but she dosnt want too. i am now in a situation where i have had to leave my home as she is being mentally abusive which is affecting me. i am now back home but she is continuing. i want to sell the house so we can move on however she is threatening a restraining order if i contact her as she has now moved out. id there anything legally that i can do to resolve this issue?
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Is the house in joint names?
Customer: replied 1 year ago.
helloit is yes

Well the court will allow you to sell the house on the basis that you bought it as joint owners and there are no children.

The court thus has the power to make an order for sale. An Order for sale is a Court judgment ordering the sale of a particular property. The Court will always specify the terms and the process by which the Property is to be sold.

Orders for sale are commonly obtained in circumstances in which a trustee in bankruptcy, liquidator or judgment creditor wish to sell a property to repay debts owed by the owner of that property. However, Orders for sale are commonly obtained by a co-owner of a property in circumstances in which one of the co-owners wishes to sell their property against the other co-owner’s wishes. Such orders are commonly obtained in circumstances in which the relationship between the co-owners’ has broken down and one party wishes to release their “equity” by selling their property. Such claims are brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

Pursuant to Section 14 of TOLATA “any person which is a trustee of land or has an interest in property subject to a trust of land may make an application to the Court” … relating to the exercise by the trustee of any of their functions” and “declaring the nature and extent of a person’s interest in property”. I would get a solicitor to write formally to her in this regard. Please rate positive.

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Customer: replied 12 months ago.
Ok great thanks for your help.