Joint Ownership...courts next?

davidmcn

myotai wrote: »

I have tried everything bar telepathy

myotai wrote: »

I haven't tried everything

You can see why we might be confused

But short of employing the services of a tracing agency, I am not sure what else I could have done.

You employ the services of a tracing agency, rather than stopping short of it.

Telepathy isn't as compulsory.

Isn't receipt of a previous address usually enough for the court, in the absence of a current address?

The court will (probably) want to know that you've served formal notice about the action you're seeking, rather than whatever previous correspondence you've been sending.

xylophone

Do you know if her parents are still alive and if so where they live?

Kyresa

sorry if this has already been said I only skim read..


Your problem will also be the registration of the property to the new owners.

Download the Land Registry information for the property. If there is a Form A restriction (cannot be sold by only one owner) then you will have problems as the land registry won't recognise the transfer as valid.

If I was dealing with the purchase I'd certainly want both owners to sign the transfer so you are going to have to do some tracing I'm afraid!

steampowered

Kyresa wrote: »

Download the Land Registry information for the property. If there is a Form A restriction (cannot be sold by only one owner) then you will have problems as the land registry won't recognise the transfer as valid.

There is a statutory provision which allows a district judge to sign land registry transfer forms for someone; where that party has been ordered by the court to transfer ownership and has failed to do so.

There is of course a full court process to go through before you get to that stage though.

Land_Registry

You really do need legal advice here to understand what course of action is the best one in the circumstances and how a court will view such matters

You were not married but the property is registered in joint names and you now wish to sell. Understanding how you can 'force the sale' and what evidence you will need is, as you now appreciate, crucial.

A court will normally order both parties to do something before the judge takes things into own hands. For example if they order the sale then the order will be to both of you to do so as both will need to execute the legal deed of transfer.

If the order is then not complied with then the judge may execute the transfer in the joint owner's absence.

The only time, in my experience, where you may jump to the second step is where the joint oowner is mssing presumed dead for example and as you will appreciate there is a considerable burden of proof required in that example.

We register the end result, namely the buyer's purchase/legal transfer so how you arrive at that point is outside of our remit. But experience of dealing with such enquiries and the steps taken helps offer a view.