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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23767
Experience:  Senior Partner at Berkson Wallace
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I am separating from my partner, we are not married and have

Customer Question

Hi, I am separating from my partner, we are not married and have two children. We own our home 50/50 tenants in common. He is currently not willing to discuss arrangements for separation. I wanted to find out how we go about separating and selling the home if he isn't willing to discuss?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: 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: Do I need to file papers in Court if we are unmarried? I live in Cambridgeshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so
Submitted: 16 days ago.
Category: Family Law
Expert:  Stuart J replied 16 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

How old are the children and who is main carer?

and are both names on mortgage and would you be prepared to force sale?

Customer: replied 16 days ago.
The children are 4 and 6. I am the main carer, and both our names are ***** ***** mortgage. What do you mean by force sale please?
Expert:  Stuart J replied 16 days ago.

Force a sale means to make the person sell the property.

If you want to sell the house, rather than living it with your two children, then you make an application for an order for sale where the court will order the property sold.

No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.

The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).

Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.

Check  house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.

The wording of the application is along the following lines:

Therefor the claimant makes a claim pursuant to s.14 Trusts and Land and Appointment of Trustees Act 1966 (TLATA) pursuant to Part 8, for the following

i   A declaration that the Claimant and Defendant are 50:50 beneficial owners of the property (or whatever percentage you are looking at):

ii  That the property be sold:

iii That there be an adjustment of the financial shares to account for the additional money spent by the Claimant in excess of the agreed £20,000 project fund, the council tax, electricity and occupation rent for the period of time the Defendant has enjoyed sole use of the Property.

iiii Costs

If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation.  With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards