If applying for the sale of a jointly-owned property is your last resort, because you are in limbo and cannot find a resolution, then I can offer you an alternative. This alternative solution will help you take action and move on with your life especially if your joint property dispute has been going on for months or even years with no resolution in sight.
This book will give you an overview of the legal process that you will have to follow to pursue your ‘Order for Sale’ application in the County Court. You will be shown how to set the wheels in motion with the end goal being to break free and move on with your life. You will learn how to commence legal proceedings and how to prepare your court application for an ‘Order for Sale’. You will receive practical assistance with real case studies and be guided on how to represent yourself in court.
We all have choices and options in life. We cannot always see it straight away, or maybe we don't feel that we have the strength to go down an unfamiliar road.
Deciding to represent yourself and applying for an ‘Order for Sale’ through the courts can be very daunting, especially when you don't know where to start and what documents you need for your court application.
Litigants in Person vary a great deal in their abilities and attitude toward the court and the litigation process. The prospect of representing yourself in court may be making you nervous and stressed because the legal process is unfamiliar to you. You may be searching for a better understanding of the overall court process and need guidance as to what you need to do at each of the main stages of the court process.
However, some of you may not need assistance with every aspect of your case as you may be able to undertake much of the preparatory and paperwork yourself and only need access to competent advice as your case progresses.
Please note however that this book cannot possibly be comprehensive, as every case is different, but it does cover the essential material, on which a Litigant in Person applying for an ‘Order for Sale’ is likely to need help and guidance on. It advises you on the central areas of preparation and presentation and will bring you one step closer by giving you the tools required to prepare and submit your court application for an ‘Order for Sale’.
With guidance, you will be able to navigate through what can often be a complicated legal maze when dealing with the civil justice system. The aim is to empower you to take action and represent yourself for a fraction of the cost.
There will be two types of cases that this book will be focusing on:-
This book will not be dealing with issues relating to divorce and property if you still need to finalise the ancillary relief. It will also not be dealing with joint property that is still under probate.
I do advise that you seek preliminary legal advice by way of a fixed fee or free consultation, especially if your case is complex. You can then use a solicitor on an ad-hoc basis, during the court process, as and when required, if at all.
I am not saying that facing the challenges ahead is going to be easy, but if you can find the courage and strength from within you will no longer feel trapped, frustrated and helpless if you decide to act by representing yourself in court. You could save thousands in the long run and regain control of your life sooner rather than later.
What follows are enquiries that REA Solution Consultancy Ltd has received. Can you relate to any of them?
”I have been separated from my partner for four years. I have been trying to get a mortgage; however, I cannot get a mortgage while still named on this property.”
"My ex said he would take the mortgage over into his name as he has recently moved his partner and her child into the property however now he is refusing to comply. I can now only see one option, and that is to force a sale so that I, my five-year-old and my baby when born have somewhere to live."
"I need to know what forms I need to fill in to apply for an order of sale. My ex and I own a house, and I need my share of the equity to provide a roof for myself."
"I am looking to apply for an ‘Order for Sale’ of a property I moved out of four and a half years ago. I have sent letters to my ex-partner over the last couple of months asking him to apply for a transfer of title, but to date, he has not. The next stage is to apply to the courts to force a sale of the property. I need help with this as I'm not sure where to find the form to complete, the costs involved and the steps to take. I would be grateful if you could advise me of your costs in helping me to do the above."
"I want to get a court ‘Order for Sale’ of a property I own jointly with my sister. I would like your assistance in doing this, please. My situation is getting worse, and I need to take some action as soon as possible".
"I need some help selling a property that is jointly owned by my ex [she is on the deeds], we were not married, and I paid the whole of deposit and all mortgage payments. [She has moved out but will not let me sell]. Can you help?"
"I have now been separated from my ex-fiancé for over four years and have asked him on several occasions to sort the mortgage out and take my name off, but he has been unable to do so. I have got no interest in the house whatsoever and want it gone. He is renting it out and does not live there even though he is registered at this address. I have not paid any monies towards the mortgage for the last four years either. I just want off this mortgage now but haven't got the monies to pay for a solicitor. Can you help me?"
“I own a joint property with my ex, he is refusing to sell, and I just wondered how long it would take and how much it would cost to apply for an ‘Order for Sale’ please? No children are living at the property, and we have only owned the property for seven months, so I hope it’s fairly straightforward. We have put down different deposit amounts, and while there is no trust deed in place, I have emails, bank correspondence, texts, voice recordings that state and prove our unequal shares and the intent of this. I have sought advice from a solicitor, and they cannot guarantee that I will receive my share back however they think I have a good case for it.
However, their costs for the ‘Order for Sale’ was far too high and estimated it would take six months, therefore, making this not viable through solicitors. I have been told by the court directly that I can apply and represent myself and it would take about one month and cost far less. Please, could you advise me on timescales and likely costs please."
"I am seeking advice on behalf of a friend who has been unable to persuade her ex-husband to take over the mortgage or sell the marital home for the four years they have been separated and two they have been divorced. She has limited money to deal with legal fees but desperate to move on with her life.”
"I own a house with my ex - we separated end of 2007, but because prices dropped considerably in the housing market we initially kept the property. Since moving out, I have had nothing to do with the property, and now I wish to sell it. I had it valued last week and contacted my ex to say I didn't want tenants in there for the period it was on the market - in response I was advised that he has moved tenants in on a 6-month tenancy agreement! I want to move on with my life, and I am looking to buy somewhere with my fiancé, and the ex isn't co-operating. I would like to make an application for a judge to force the sale. Any advice on how I do this would be greatly appreciated."
"Split up with ex Dec 2010 and moved out of the jointly owned property. He promised to sell, but six years on he is still coming up with excuses as to why he can't. Now refusing to talk to me. We were not married and had no children. I am now married and have two children with my husband."
What follows are a few testimonials from past clients who REA Solution Consultancy Ltd has helped:-
‘Order for Sale’ Granted
“Please see the copy of my ‘Order for Sale’ with possession order thanks to you. It's what I've waited years for. I'll start to make enquiries re the sale of the property. Will keep you updated”.
“Finally managed to obtain a court order last month and we accepted an offer on the house two weeks ago. I've made lots of concessions to her to keep costs down but who said it's about fairness. She's still trying it on though, won't put anything past her and won't believe it's over until it's sold. Nightmare problem”.
Thanks for Your Help
“We now have a court date in October for my sister. Thank you for your help. Her ex has now approached her to buy her share of the property”.
“I wanted to let you know that we have now sold the house and completed on Monday 16th December. This has been a very stressful time as you can imagine. Without your help, this would have been a lot harder and costly for me. Thank you”.
Order for Sale’ Granted
“I finally received the ‘Order for Sale’ on my property, so I can now move forward. I still have three months' time to send an application to the court to try to claim the expenses I paid during this period. Once again thank you for your help”!!!
I've Got My ‘Order for Sale’
“I took my ex-partner to court, and the ‘Order for Sale’ was granted. The flat has since been sold, and I am no longer tied to my ex. It really couldn't have gone better. Thank you for your help”.
“I wanted to let you know that on Monday the sale finally completed. It's over”.
“Just thought I would send you a quick message to say thank you for the work you did for me so far and that we have received confirmation that the court papers were presented to my ex last week and she now has 14 days to respond. A court hearing has been set for 12th April, so we will wait to see what happens at that. Hope you're ok and again, thank you”.
I Can Finally Move On
“Thanks for your assistance in all this. If I hadn't taken the legal route, they would have never taken me seriously, and we wouldn't have got this far. Moving out has been great. I'm getting back to my happy state and starting to enjoy life again”.
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