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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I would like to ask how I go about initiating an Order for

Customer Question

I would like to ask how I go about initiating an Order for Sale of a property owned half and half by my brother. The property is empty and i wish to get in do it up and then sale it. I already have a charging order on the property and wish to claim back of an improvments I do before sale and also the 50% of the mortgage payments I have made since he stopped in 2009.
What forms do I need to fill in?
I am going to represent myself as already spent a masive amount of solicitors fees on this matter and got nowhere.
Submitted: 5 years ago.
Category: Property Law
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question,
Could you clarify how you have a Charging Order on a property that you jointly own?
Customer: replied 5 years ago.

Yes the cahrging order was put on by my solicitor for a costs order from a previous court case. Me vs my brother which he lost and i was awarded costs

Expert:  Clare replied 5 years ago.
So the property is owned by you both?
How much is the property worth and how much is outstanding on the mortgage
Customer: replied 5 years ago.


Property is worth £140,000.

In present condition £110,000 my charge is £45,000 the mortgage is £42,000

Yes it is owned 50/50



Expert:  Clare replied 5 years ago.
For clarity - do you mean that you have done work on the property?
Who has been living there?
Customer: replied 5 years ago.

the house is vacant. and I want to do it up after the order of sale to get a better price.

Expert:  Clare replied 5 years ago.
Applications under the Trusts of Land and Appointment of Trustees Act are not the easiest of applications - but if you wish to try it without a solicitor then the outline is here
If you wish to do work prior to the sale and have the money credited then you will have to specifically ask for this and provide detailed quotes.
It is unlikely though not impossible that you will be able to recover the mortgage monies that you have paid on his behalf