How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14503
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

I'm looking for some help to force the sale of a jointly

Customer Question

hi i'm looking for some help to force the sale of a jointly owned home please.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: not yet , its for a property in South Yorkshire . My current partner is named on the mortgage with his ex and despite an order of possession by the mortgage company she's managed to delay another repossession , so we need to looka t other legal routes to sell the house.
JA: What steps have you taken so far?
Customer: The property was due for repossession today ,but the occupier has managed to stop it ont he promise of payment, we don;t belive this will happen and so need to look at other options open to us to have the house sold to prevent this dragging on .
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i think thats it thanks /
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

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

are they still married?

any children under 18 in the property?

who's name(s) on mortgage?

is your partner prepared to go to court to get property sold?

Customer: replied 4 months ago.
Hi there, no they were never married, just domestic partners , The property is in Doncaster , South Yorkshire (England) . Their child (aged 14) lives with us here in Scotland , the child has lived with her father (who has custody) for about 4 years now. He just didn't get round to removing his name from the mortgage after his daughter moved out.
Customer: replied 4 months ago.
There had been no mortgage payment in over a year and an absolute repossession order on the house for over five years
Customer: replied 4 months ago.
There is currently an arrears balance of over 6k on the account
Expert:  F E Smith replied 4 months ago.

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.

There is no point in hanging around, one letter (preferably from a solicitor) and then make the court application.

Absolutely straightforward.

Can I clarify anything else for you?

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

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

It's important that you use the rating service because that gives me credit.

It doesn't just give me a pat on the head! It's what gets me paid!!

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

All you need to do is press Submit.

Thank you.

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

Best wishes.