Forcing the Sale of a House that Ex is occupying

lemonreptile

My Wife left her ex-partner 6 years ago. We’ve been married 3 and own our own house.
She owns a half share of the house they shared and now wants to force the sale. There are no kids other than a 34 year old son who has his own place. There is no mortgage.
We’re encountering lethargy and awkwardness and have decided it’s now time to start the legal process. We think we’re capable of doing this ourselves and want to minimise costs.
I believe she needs to apply for a CCJ (how?) and then an Order of Sale.
What’s the process and likely costs?
If anyone can help with links to forms it would be great.
Thanks

G_M

Avoid legal route if you can.

What happened when you invited the ex round to discuss the sale?

And why on earth has she left it 6 years? :eek:. I'd have thought at the very least this should have been resolved when the two of you bought your own place together to avoide the additional 3% 2nd property SDLT.


Has the ex been paying your wife rent for her half of the property?

BrownTrout

Simple
From what you have said seek professional legal advice. This is a complicated area of law and from what you are said you dont understand

Legal advice not random advice

davidmcn

You don't want to actually have a forced sale (because of the costs and likely lower price achieved), you want to use the threat of one to encourage the ex to go along with a voluntary sale. So the exact process doesn't really matter (at this stage), she just needs to make clear that she intends to force it if necessary.

lemonreptile

We bought our current house before we married.
As for rent? Nope, not a penny - but he has dusted and hoovered once in 6 years!
Really wanted to do this amicably (both of us) but getting !!!!!! of with it now

G_M

lemonreptile wrote: »

We bought our current house before we married.

But you bought it jointly yes? So paid the additional SDLT (as it was your 2nd property)?

lemonreptile

G_M wrote: »

But you bought it jointly yes? So paid the additional SDLT (as it was your 2nd property)?

No, it’s in my name.

davidmcn

G_M wrote: »

But you bought it jointly yes? So paid the additional SDLT (as it was your 2nd property)?

They may well have bought before the additional rate of SDLT came into force.

Cakeguts

lemonreptile wrote: »

No, it’s in my name.

Is there anything else that you have written in the OP that needs correcting apart from the "own our own house?" This isn't correct if the house is in your name only and your wife has no ownership of it at all.

lemonreptile

Cakeguts wrote: »

Is there anything else that you have written in the OP that needs correcting apart from the "own our own house?" This isn't correct if the house is in your name only and your wife has no ownership of it at all.

It’s actually irrelevant to the question posed. Not asking for SDLT advice or implications

Fire_Fox

BrownTrout wrote: »

Simple
From what you have said seek professional legal advice. This is a complicated area of law and from what you are said you dont understand

Legal advice not random advice

This.

It does not mean you need legal counsel throughout, just the confidence of solid advice and a firm solicitor's letter showing you mean business. You may well be able to take over thereafter.