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Clare, Solicitor
Category: Law
Satisfied Customers: 34907
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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This is a query concerning property law. I am in the process

Customer Question

This is a query concerning property law. I am in the process of trying to force a sale of a property mortgaged jointly by myself and my ex-wife, who is stalling on a sale and to whom I was only married for seven months.

She has changed the locks, moved tenants into the house and is now neglecting to give me a set of keys (despite numerous requests) and is acting as sole landlord to the tenants.

I have had a First Appointment with the county court after a preliminary session, neither of which was attended by my ex-wife.

What I want to know first is: how would I go about getting the tenants out and moving back in myself to manage a sale? Also, how long would this process take?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question I will do my best to assist you but I need some further information first.
How long have the tenants been in the property and have you seen a copy of the Tenancy agreement?
Have you arranged for service of the paperwork on your ex?
Customer: replied 4 years ago.



1: The tenants have been in the property for almost two years. I have not seen a copy of the agreement.


2: I have not as yet arranged for service of the paperwork on my ex. I would rather serve her with all orders in one go in case she switches address to somewhere else and I have to track her down.


She has done this once already. At the moment, I do have her address because she wrote to the court and the court had disclosed it to me. In her letter to the court, she also discloses that the tenants' contract expires in July.


As it is, I would rather serve her with an order to sell if I can get that granted by the court rather than contempt of court, which could provoke her to go to ground.

Expert:  Clare replied 4 years ago.
Do you have details of the names of the tenants?
Customer: replied 4 years ago.

It's a family. I don't have their names. I could try to get hold of them, but I may not be able to.

Expert:  Clare replied 4 years ago.
The starting point is that I am afraid that if you want to progress this matter you will have to accept that papers will have to be personally served on your ex at regular intervals.
You need to get the court to re-issue the Penal Notice in respect of the Form E and then get the Order served on her by a Process Server.
Once that has been done when the date for the Form E passes then you can apply to have your ex committed to prison - something that does concentrate the other parties mind on filing in the forms.
With regard to the tenants since you are an owner of the property and you did not sign the tenancy agreement you are not bound by it and can visit and enter the property whenever you wish - which may persuade the tenants leave promptly in July.
In the mean time you can have the locks changed so that you are able to access the property with an estate agent to get a valuation
I hope that this is of assistance - please ask if you need further information