Anyone have experience of a TOLATA order for sale of house

millie84

I posted on here a few months back regarding a jointly owned property with my ex partner.
I have appointed a solicitor who has sent him a letter in an effort to move things forward. My next step is mediation, which I have an appointment booked for January for the first initial meeting. Apparently, attending this is sufficient to begin my application to the courts.
I've been told before that I can do the TOLATA order myself, but I don't know where to start really. I'm trying to keep costs down because I don't have any spare money.
Basically, I want to obtain an order to force the sale of the property and split the proceeds, since it seems unlikely that my ex partner can buy me out. My solicitor gave him two options of buying me out or selling up. The ex was seeking financial advice, but refuses to tell me the outcome at the moment. I am therefore assuming he cannot get a mortgage and funds to buy me out.

Browntoa

Looks once mediation is done you can apply to the court

https://www.slatergordon.co.uk/media/5139437/land-disputes-a-guide-to-procedureweb.pdf

marksoton

Probably a question for one of the more legal boards.

Are you intending to stay in the property?

If so, having no spare cash isn't a good start...

millie84

No, he lives in the property currently. I'm renting a house with my current partner. I moved out in 2011.
I have made various attempts to get my name off the mortgage in the past 4.5 years, more intensively so for the past 15 months.
My preferred option was to just remove my name and get any money I was owed, but it doesn't seem possible.

marksoton

In which case you can only really go down the court route.

G_M

I am relatively legally savvy, but I would not attempt this without legal advice. It's a complex area of law, especially since you've not lived there for 4-5 years. And I suspect when you bought you made no arrangements (Trust?) for this scenario.

Is the property held as Tenants in Common or as Joint Tenants?
Who paid the deposit?
Who has paid the mortgage?
Who has paid maintenance/running costs?
Are you/were you married?
Is a child involved? Whose child?

Note the above questions are rhetorical - I cannot help further even if you reply. I ask only to show some (not all!) of the factors that might be relevant to the legal argument. You need professional advice.

millie84

No trust was made when we bought the property.

To answer your questions, we were never married and have no children.
We both equally paid the mortgage and running costs for 5 years, for the past 4.5 years he has paid both of these alone.
We are joint tenants.
There was no deposit involved, it was a 100% mortgage.

G_M

Errrrr..... I repeat:

the above questions are rhetorical - I cannot help further even if you reply. I ask only to show some (not all!) of the factors that might be relevant to the legal argument. You need professional advice.

Full Definition of rhetorical

1. 1 a : of, relating to, or concerned with rhetoric b : employed for rhetorical effect; especially : asked merely for effect with no answer expected <a rhetorical question>

millie84

Thanks, but I already know the meaning of a rhetorical question, no explanation was required.

Other people may be able to help based on my answers.
I'm really asking if anyone has done the court application on their own, or has experience of doing it through a solicitor.

silvercar

How much equity are we talking about? As it was 100% mortgage, the only equity would be from rising house prices and mortgage reduction (but only if you have a repayment mortgage).

If the property is sold, you would have to deduct legal costs and estate agent fees from the equity before splitting the remaining money.

If you need to go to court to force the sale, you would also have legal costs. I'm wondering if the amount involved is worth the hassle.

millie84

There is around £12k equity currently.
For him to buy me out, I had asked for 50% of the equity amount when I left the property. If we have to go to court, I want 50% of the proceeds, and my solicitor says the courts will make him pay all fees on the grounds of him being obstructive and unreasonable in the prolonged delays.
No matter what, I need my name off his mortgage, I don't need it hanging over my head for the next 24 years. Plus, it is preventing me from obtaining a Debt Relief Order, which could give me a much needed fresh start.
And it looks like selling up is our only option since my ex appears not to be able to get a mortgage on his own. I cannot be certain of this since he refuses to answer the question when I asked him outright whether he was found to buy me out or we need to sell. He just says speak to his solicitor. Surely if he was able to buy me out, he would do so and avoid paying more solicitors and mediation fees? It's a little frustrating at the moment because I don't know what is happening and I am impatient to resolve this once and for all.