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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13138
Experience:  I have been practising for 30 years.
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I have just divorced. My ex lives in jointly owned property.

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I have just divorced. My ex lives in jointly owned property. Am trying to do my clean break order but he will not communicate with me re selling the house
Assistant: Where are you? It matters because laws vary by location.
Customer: Catford. London se6
Assistant: What steps have you taken so far?
Customer: Other than trying to do my clean break order which he will not respond to ive done nothing
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I have four ch (12/16/17/19) they live with me. We live with my mum as i am her carer. The ex has two children for 2 nights every other weekend

Good morning. I will assist with your question - be aware this is an email not chat service therefore may be delayed in replying.

is he just refusing to communicate thinking he can hold onto the house?

is he paying maintenance for the 3 younger ones?

have you had a court order to sell?

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Ok. Thankyou
Customer: replied 1 month ago.
He pays maintenance yes.
He is just refusing to communicate in order to hold onto the house
No i do not have a court order
Customer: replied 1 month ago.
Can you tell me what my next steps are please

I assume that you have applied for a financial order

As part of the divorce process, you may want to apply for a financial order:

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

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.

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.

You 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 the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES