Problem with house sale as ex refuses to sell

bombalurina_2

waster wrote:

I did not recommend, or indeed suggest, stopping making payments on any liabilities that are in either the sole or joint names of goldbyron. Indeed, I made it clear that (normally) you are responsible for all of any joint liability (known as Joint and Several Liability in legal terms).

However, if you act like a !!!!! cat the other party will take advantage of you. You need to call their bluff and make them reralise that like all bullies they will not beat you by being beligerent towards you. Being nice and getting solicitors involved too soon will only protract matters and lead to significant expense. You must act to look after your own interests. Exactly the same as she is doing.

Waster, my apologies if you or anyone else misunderstood my last post. I was in full support of you when you urged Goldbyron not to stop payments on joint liabilities.

However, I must reiterate the situation with regards to forced entry. The law USED to state that joint owners of any property are both entitled to occupy it, such right being one of the rights of ownership. Upon dissolution of marriage (or partnership), the court can then make an order affecting this position but until then a joint owner need not fear that they can be excluded.

NOW, Resolution (formerly the Solicitors’ Family Law Association) would advise that it would seem the law has changed and if a client forces entry to a property where there is another person present who tells them to go away and they use any manner of force to get into the property, they can be arrested.

waster_2

bombalurina wrote:

..........
NOW, Resolution (formerly the Solicitors’ Family Law Association) would advise that it would seem the law has changed and if a client forces entry to a property where there is another person present who tells them to go away and they use any manner of force to get into the property, they can be arrested.

Well, I'm not sure where you were told this? I am in a not too different a situation. I was told by my solicitor as recently as last Friday, (13 January 2006) and by another solicitor previously, that as joint owner of the property I am entitled to entry even if that includes having to “break in”. You cannot break in to your own house. Additionally, I have aslo been told this by a Magistrate and the police. If there a breach of the peace ensues if you do follow this course of action, then the person causing the breach of the peace is the person who should be dealt with by the police.

However, if you threaten or otherwise “assault” anyone present in the house then you can be dealt with in the appropriate manner by the police.


BTW< my solicitor is a member of the SFLA

bombalurina_2

waster wrote:

Well, I'm not sure where you were told this? I am in a not too different a situation. I was told by my solicitor as recently as last Friday, (13 January 2006) and by another solicitor previously, that as joint owner of the property I am entitled to entry even if that includes having to “break in”. You cannot break in to your own house. Additionally, I have aslo been told this by a Magistrate and the police. If there a breach of the peace ensues if you do follow this course of action, then the person causing the breach of the peace is the person who should be dealt with by the police.

However, if you threaten or otherwise “assault” anyone present in the house then you can be dealt with in the appropriate manner by the police.


BTW< my solicitor is a member of the SFLA

May I suggest you find another solicitor? Resolution (who were previously
called SFLA) are committed to "promoting a non-confrontational atmosphere"
and if your solicitor is suggesting you just go forcing your way into the
home, it is little wonder you refer to them being a member of SFLA! SFLA
have been Resolution since 2005 and you should seriously consider the
calibre of your solicitor if they're not up to date on such a big change.
Perhaps they have been dropped by SFLA? In any case, they should now be
displaying stickers saying Resolution not SFLA.

waster wrote:

Well, I'm not sure where you were told this?

As per my previous post, Resolution have themselves
made a press release suggesting clients are advised that if they force entry
to a property where there is another person present who tells them to go
away and they use any manner of force to get into the property, they can be
arrested. Just to reiterate once more, this information came from Resolution themselves and they are,
after all, the ones in the know.

With regards to taking advice from magistrates, they are lay persons like
the rest of us and have little legal training. Their training is geared
towards sentencing and the implications their sentencing has upon lives by
visiting YOIs and similar. I myself know several magistrates and all of them
will happily admit that all the legal know how comes from a fully trained
clerk who is on hand at all times. The police are also not the best persons
to seek family legal advice from - it is only very recently after all that
they even became involved in matters of serious domestic violence!