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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6052
Experience:  English solicitor with over 12 years experience
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My husband and I are tenants in common. We separated 8 years

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Hi my husband and I are tenants in common. We separated 8 years ago. I live in the house and it was agreed it would go on the market in Nov 2020. He is now ill with dementia and his daughter who is executor of his will is going to get a court order to sell immediately. I suffer with ill health and was told by a local solicitor that there is nothing I can do.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We had a decree nisi in June 2017
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Southampton I didn't attend I live in wales
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My husband is now in a nursing home been paid for by an inheritance after his mother's death

Hello,


What would you like to ask please?

Customer: replied 5 days ago.
Just what I asked

I am afraid the courts have wide powers under S. 14 of the Trusts of Land and Appointment of Trustees Act 1996 to make such powers as they deem fit, including ordering that the property be sold now.

 

You may present your side of the argument to the court and ask that the court hold off making an order for sale until November 2020 on grounds of your ill health. The final decision will lie with the court after hearing both sides.

 

May I help further?

Customer: replied 5 days ago.
I don't seem to have had an answer
Customer: replied 5 days ago.
Will I be notified of this court hearing

Yes, you will be notified of the hearing and you will be given a chance of enter appearance in court.

 

Please see this guide: https://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

 

All the best. Please click on 5 stars

 

 

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