UK Property Law
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Sorry I should also state that my above advice may be subject to revision if you have children
Can you give me a ball park figure of what sort of expense I may expect to incurr by instructing a solicitor to apply for this and what sort of court expenses.
I appreciate this can only be based on what you may charge.
Would I have to pay these costs or could I claim any of these costs through her from the sale ?
There are no children involved which are effected and made homeless by the proposed sale.
It's almost impossible to say because it would be done an hourly rate basis. Depending on how defended the litigation is you could be looking at anything between (£1500-4000.00 + Vat). This could be less (if she settles and accepts a sale, which she may because of the pressure litigation brings) or more if it becomes protracted and she is able to demonstrate some opinions that £225k is a fair price for sale.
You may be able to claim some of the costs from her, but unlikely that you will be able to claim all but again it depends on how the litigation pans out and whether the judge takes the view that she has persisted in unreasonably defending the claim.
You would have to pay your solicitor's costs during the litgation and before an order as to costs is made though.
Trust this clarifies, please click accept.