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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 813
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I need advice on how to take my partner to court to get the

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I need advice on how to take my partner to court to get the money for my half of the house. I went to a solicitor and he refused to reply.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No I dont know how to or where to go to get the papers
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Somerset the house is in Bath and north east somerset
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: We are special guatdians for the grandchildren and they live with him in the family home. I rent elsewhere. When I went to the solicitor the first time when he received the letter he would not let me see them. I see them now. He has another property he is doing up and says he will give me the money when it sells. I dont believe it will happen soon.

Hi there I may be able to help in this matter. If your ex-partner has said that they will give you the money when the home sells, are you looking to put something in place to ensure that happens, or do you currently own half of the property? If you could provide a little more information that would be great.

Customer: replied 4 months ago.
I own half of the property we shared. He has the other property he is doing up but me receiving my money is dependent on him selling his proprty not the shared property. He wants to keep the family home but I have waited a year and continue to pay rent in my property waiting for this to happen. He has written an email saying he will pay what I am due but wont be specific about how much or when. I need to move this forward or start charging him rent for the shared property.

Ok thank you. When a property is owned jointly it can be very difficult to force a sale however, that is not to say that you can't. You would need to instruct a local solicitor, which you can find here You can make an application for the court to order the sale of the house. You may have a few things that will go in your favour. I am not sure if there are children involved in this matter however, the court will consider the whether there are reasons that the house should be sold such as the need for sale (such as putting you in a positive financial position to pay for the children) whether the non-sale of the home is for malicious reasons. They will look at the situation and make a decision as to whether it will be in the overriding best interest to sell the home or not. Forcing a sale can be difficult however, I would advise that you contact a solicitor who deals in this matter, they will do all of the relevant paperwork on your behalf and talk you through the situation. Obviously you could attempt to make an agreement with with you pattern to buy you half of the house from you in return for the value however, I feel that from what you are saying you may have difficulty with that. On another note, when you do finally look at selling the house, or more specifically if your ex agrees to give you money, DO NOT rely on their evaluators price, feel free to get your own evaluator in as sometime people use valuers who will always value a house on the lower end of the scale, you, of course, have the right to instruct your own valuation. I hope this helps.

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Kind regards

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