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Category: Law
Satisfied Customers: 338
Experience:  Expert
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I own a property with my ex partner, jointly, as tenants in

Customer Question

Hello, I own a property with my ex partner, jointly, as tenants in common. We have had an offer for the full asking price for it.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have moved out, and he is currently living there. Having said that he would vacate when the property was sold, he is now saying that he will defer the sale until he can find a suitable property that he can afford.
JA: Have you talked to a lawyer about this?
Customer: can I force the sale?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have not spoken to a lawyer
Submitted: 16 days ago.
Category: Law
Expert:  JeremyT1020 replied 16 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters. I'd be happy to offer some guidance but, firstly, do you and him have any dependent children together? If so, who are they living with? Do you own the property 50:50 as tenants-in-common or some other proportion? Thanks, J
Customer: replied 16 days ago.
We have no children together. We own the property 50:50 as tenants in common.
Customer: replied 16 days ago.
Please advise whether I can force the sale to go ahead
Customer: replied 16 days ago.
Hello, am I still connected to Citizens Advice?
Expert:  JeremyT1020 replied 16 days ago.
Hello, please note that this is more akin to an email service than instant messaging. I'm often dealing with more than one question so it may take a little time to respond. Thanks.
Customer: replied 16 days ago.
Thank you, ***** ***** await your reply.
Expert:  JeremyT1020 replied 16 days ago.
Potentially, you could force a sale. You should always put the other party on notice that you are considering court action by writing to them.
Expert:  JeremyT1020 replied 16 days ago.
If they do not respond, you would need to make an application for sale under the Trusts of Land and Appointment of Trustees Act 1996. Please be warned as these can be extremely expensive applications. Although, if you succeed you may get most of your costs back, there are no guarantees. The application would likely take between 7 and 8 months to resolve for a fairly straightforward application for sale.
Customer: replied 16 days ago.
Thank you for your advice
Expert:  JeremyT1020 replied 16 days ago.
My pleasure. Please let me know if you need any further assistance. Kind regards, J