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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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What is the procedure for getting a court to order sale of

Customer Question

What is the procedure for getting a court to order sale of property please?

Jointly owned, 50/50 as tenants in common, but ex refuses to consider any means of separating property and we are 6 years on. I don't really have funds to employ solicitor to do it so would like to do intial forms myself if possible

Thank you
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Are you married please and are there any children involved?

Customer:

No, we were cohabiting at the time of purchse. No children.

Customer:

The properties are let we never lived in them

Joshua :

Thanks. If you are unable to agree as to how to divide the property or whether to sell it then ultimately your default position is to apply to the courts for an order for sale under the Trusts of Land and Appointment of Trustees Act and to determine your respective shares in the property and an order for the sale of the same. The courts have the power to impose a settlement and make an order for sale based on what they believe is fair based on the evidence they can both bring.

Joshua :

If you cannot agree then an application to the courts is necessary. You have the right to require her to buy out your share or that the property is sold. If she is living there on her own you have a right to be paid occupation rent to compensate you for her exclusive occupation of the property.

Joshua :

Ideally you would appoint a solicitor to assist you with such an application as they are not straightforward however you could in principle apply yourself. Fees for a reasonably straightforward TLATA claim can be anything from £750-1750 and can be more if litigation is extensive. Would you like information as to how to apply yourself nevertheless?

Customer:

Yes please , that was my question.

Customer:

And I am the she. and as stated neither of us have ever lived in the property, it is let!

Joshua :

My apologies. Please substitute "he" for "she" above.

Joshua :

If there is likely to b a dispute of fact then you will need to apply using form N244. If there is not likely to be a dispute of fact but merely a disagreement over your respective positions you may issue on a part 8 claim form - links to follow below.

Joshua :

A typical TLATA application might look something like this:

Joshua :

You apply to the court for: 1. A Declaration that the Property and the net proceeds of sale thereof belong to the Claimant and Defendant in shares ??:?? or such other shares as the Court may decide. 2. An Order that the Property be sold with the Claimant to have conduct of the sale and that the Defendant do join with and co-operate with the Claimant and take all steps and execute all documents necessary to effect the sale of the Property failing which a District Judge of this Court will have the ability to sign such documentation in place of the Defendant. 3. Such provision as the Court shall see fit in relation to occupational rent. 4. Such further or other relief as the Court may deem appropriate.

Joshua :

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

Joshua :

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Joshua :

You would need to submit your claim form to the court together with a fee whereupon the court will issue the defendant with papers and subsequently list the matter for a hearing.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

I am about to log off to travel home. If you have any further questions, I can either deal with them now or alternatively a little later this evening.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Thank you, XXXXX XXXXX have a look at the forms you suggest

Joshua :

Sorry for the delay in reverting to you.

Joshua :

A pleasure

Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Can you please tell me where i find the relevant court costs as there is nothing on the foprms and a google search is bringing up nothing.


 


Thank you


 


BTW I havent rated you yet your system has decided the response is excellent, fine way to keep your ratings up!!

Expert:  Joshua replied 1 year ago.
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