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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We have a smallholding (farmhouse and 3 cottages), it is

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We have a smallholding (farmhouse and 3 cottages), it is jointly owned. My ex and I split up 3 yrs ago - the property has been on the market for over 8 yrs without any sale or offers. Since we were unable to sell property we made verbal agreement that I would take over running the 3 small cottages and my ex would manage the farmhouse. It has been run as a business for the past 3 years. My ex recently moved back to the property in September with my 16 yr old son - he has booked the farmhouse out for 2 weeks over Christmas and I assume he has not changed it from business to residential use. There are a number of debts put on the property (in my ex's name). There is also a large county court order fine outstanding and it has been arranged that it would be paid on sale of property. In the last 2 weeks we have had 2 interested buyers for the property. My ex has decided he doesn't want to sell now and has removed smallholding from estate agents. What advice can you give me as I am very eager to sell the property.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Were you married?

Customer: replied 1 year ago.

Has he offered to buy you out?

Customer: replied 1 year ago.
No, he does not have the money to buy me out and has a few ccjs in his name. there is very little equity in property

In that case the way forward is to apply to the Court for an Order for the Sale of the Property using the Trusts of Land and Appointment of Trustees Act

The details are here

There is no doubt that the Order will be granted - and it is likely that you will be granted Conduct of the Sale

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you Clare for your help, hope court action won't be necessary- if needed though, from your experience , what is the timescale for an order to be granted and would it be feasible to do without solicitor representation. Thankyou

It will take between three and nine months on average

You can indeed do it yourself if you wish - the link sets out a guide!

Customer: replied 1 year ago.
Thank you Clare, God bless

You are most welcome I hope all goes well

Might I ask you to rate my answer as without that I get no credit for my time

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sure will do, thanks