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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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how do I force the sale of a property through the courts. my

Customer Question

how do I force the sale of a property through the courts. my ex partner is refusing to buy me out and blatantly delaying the sale and opposing any attempt I make. I want it gone and my money
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Is it owned as tenants in common?
Customer: replied 4 years ago.

tenants in common


Expert:  James Mather replied 4 years ago.
I assume that there are no children or that those arrangements have already been resolved and that any financial arrangements have been agreed, and that your ex is just being obtuse and awkward for no reason.
In which case, you can apply to court for an order for sale which will compel the X to market the property.
The court can order the property sold and it can also order:
the marketing price
the price to be excepted
the agent to be used
the solicitor to be used
the X to cooperate with regard to the sale
specify that she is not in the property when viewings take place
actually order her to move out to facilitate the sale
it can also sign documents instead of her, if she refuses to sign them. And it can charge your costs for the privilege.
My suggestion would be to get a solicitor to write to her threatening an application to court for an order for sale and threatening an application to court for the substantive legal costs of the application.
The court cannot order her to buy you out. It can only order the property sold and the proceeds divided.
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Customer: replied 4 years ago.
It's a he not a she i have requested amicable agreement and appointment of a agreement to sell they have ignored they have had it valued at 20 grand less than my agent valued it and are deliberately trying to under value the house. How do I get a forced sale order form for the court
Expert:  James Mather replied 4 years ago.

It doesnt matter he or she. There is no legal reason why you cannot do this yourself but unless you have experience of doing this kind of application, it is about as much a do it yourself job as taking your own appendix out! Apply on court form N208 and N244A. The court forms are available here

You are going to need 3 valuations to allow court to fix a pprice