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If you think that the property is going top be sold to the perspective buyer at a better (higher) price then the auction price, then you should sell the property to the propective buyer. You problem will be getting your deposit and other monies. You will need a court order in order to get the money that is owed to you. . With out a court order, the money from the sell will be split 50/50. I had a case similar to yours last summer, and it was a lot of work. You will need to get a court order. So you may want to try to delay the sale until you get the court order. Your ex-partner can put the property up for sale without your consent. That is legal. However, your ex-partner will not be able to sell the property without your signature, unless there is a court order allowing your ex-partner to sell it without your signature. If there is not court order to this effet, then you have nothing to worry about.
My apologies for not getting back to you sooner. We are most pleased with the information you have given us. You say getting a court order to retrieve monies owed to us is difficult, do you mean time consuming, expensive ??. Perhaps you could give me a rough idea of the time and money involved. If we went to the court to obtain the order would that delay the sale if this was in progress? Many thanks Jane
You wrote: 1) “You say getting a court order to retrieve monies owed to us is difficult, do you mean time consuming, expensive ??.”
I meant that there is a lot in involved, a lot of paper work, it can be time consuming, and you have to convince the Judge.
You wrote: 2) “Perhaps you could give me a rough idea of the time and money involved.
I do not know your case.”
There are many court options (urgent judge without inviting the other party (opposing party), urgent judge inviting the opposing party, regular judge, special judge, etc..), and depending on the facts of your case you may have only one court option or several court options. Again, I do not know anything about you, the other party, or the facts of your case to give you a rough idea of the time and money involved.
Please understand that it is against the JustAnswer policy to advise customers on this website. While I am indeed a French lawyer in Paris, on this website, I am just a French law expert answering questions on French law and on my free time. I did not advise you, I just answered your question in accordance to what you can do under French law.
In order for me (or any lawyer, solicitor, or barrister) to counsel someone and tell them what they should do, I would need to see him/her (in person or on the phone), see all his/her documents, see all his/her evidence, understand the whole situation, ask a lot of questions, and establish a formal attorney client relation. In fact, the Just Answer disclaimer clearly states the following : "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship." No attorney client relationship has been formed.
You wrote: 3) “If we went to the court to obtain the order would that delay the sale if this was in progress? “
Your answer depends on the type of court order you receive and what the judge will have decided. A court order may delay it just like a court order may not.
Thank you for your advice, really appreciated.
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