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How long for court to force a sale of a house?

Chantryrow
Posts: 5 Forumite
Hello, I am trying to buy a house. The vendor is being forced to sell as he owes a substantial amount to his ex partner. She has a court order for the sale of the property but was hoping that he would see sense and sign the contract for sale.
However it is becoming clear that the vendor is obstructing the sale and she will have to ask for the court to take over the sale of the property (the property is registered in his name only).
Has anyone else been through this and know how long it might take? I have a cash buyer who so far has been patient but I have no idea how long this could drag on for. The vendor accepted our offer in August but so far has not instructed his solicitor so we are stuck waiting for him to sign the documents...
Any knowledge of the process / timescale for a court to take over the sale would be useful.
Thanks!
However it is becoming clear that the vendor is obstructing the sale and she will have to ask for the court to take over the sale of the property (the property is registered in his name only).
Has anyone else been through this and know how long it might take? I have a cash buyer who so far has been patient but I have no idea how long this could drag on for. The vendor accepted our offer in August but so far has not instructed his solicitor so we are stuck waiting for him to sign the documents...
Any knowledge of the process / timescale for a court to take over the sale would be useful.
Thanks!
0
Comments
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Complicated:
Who put house on market?
Do you know how much the ex is owed?
When was the judgment?
You may want to start looking elsewhere.
The vendor may get judgment set aside.
They may remortgage to repay the ex
A new date could take months0 -
Yes, very complicated. The judgement was actually some time ago - maybe over a year ago I believe, I don't know how much he owes but assume it is a substantial amount. The house has a number of charges (from HMRC) against it. The vendor did comply and put the house on the market and had to accept an offer over a certain level but has now stopped the process by not instructing his solicitor. Unlikely he will be allowed to remortage - he isn't even allowed to live in the house at the moment! If there were a choice of house in the area we want to be in we would have given up but we really want to stay in the same village and this is the first house we have seen in two years that we can afford so I'm not giving up yet....I assume we would also lose the money we have paid to our solicitor and mortage lender too.0
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Anyone any experience of this?0
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There's more information required.
Why can he not live there?
What's HMRCs involvement?0 -
I think the court ordered that he didn't live there after he obstructed the last potential sale of the property. The property has been let on a holiday let basis.
The court action to force the sale has apparently been instigated by HMRC due to several years debt of child support payments he owes his ex partner. She is in support of the court action as it is the only way she will get the money owed to her....0 -
Chantryrow wrote: »I think the court ordered that he didn't live there after he obstructed the last potential sale of the property. The property has been let on a holiday let basis.
The court action to force the sale has apparently been instigated by HMRC due to several years debt of child support payments he owes his ex partner. She is in support of the court action as it is the only way she will get the money owed to her....
* owed to the child.
I dont think HMRC collect child support, happy to be corrected though.
Regardless, this does help. If the court has ordered the sale, it should actually be straight forward in this case.
My concern was that HMRC were due taxes and were thinking of seizing the property which would delay things
I would expect this to take between 2 & 3 months. 6 weeks for court date is about average0 -
A friend had a similarly unco-operative ex. She had a court order for the sale, but he wouldn't sign the necessary. She got an emergency hearing and it was done and dusted in days. Don't know how much it cost though ...0
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Ah, thanks. Good to know it may be possible for a relatively quick resolution.
I'm not sure of the exact position with the Court Order for Sale but there definitely is one and HMRC are involved apparently. The charges on the Land registry documents are all about non payment of child support but maybe not connected to HMRC?
I am in contact with the ex-partner and she is going to try and get her solicitor to enforce the Sale Order by getting the court to take over signing of the documents, etc. It will likely cost her but better than never getting her share I guess.0
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