Forcing the Sale of a House that Ex is occupying

lemonreptile

Fire_Fox wrote: »

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.

Thanks! Pretty sure you’re spot on. Would like to find forms for CCJ and Order of Sale meanwhile. I’m no expert but not an idiot.

G_M

davidmcn wrote: »

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

Good point. 3 years is 2016, and the add rate came into force April that year.

Tom99

lemonreptile wrote: »

Thanks! Pretty sure you’re spot on. Would like to find forms for CCJ and Order of Sale meanwhile. I’m no expert but not an idiot.

Why not pop down to the local County Court and ask as they may be able to help with what forms are required.

[Deleted User]

How was the house dealt with during the divorce?

Where does a CCJ come into forcing the sale of a property? A CCJ is for debts owed.

I get this is a money saving website but sometimes it's a false economy to attempt to DIY things. If you think hiring a professional is expensive just wait until you hire an amateur.

lemonreptile

No divorce. They weren’t married.
It was our understanding that a CCJ was a prerequisite to an Order of Sale.
Yes, if we’re not confident we’re doing the right thing we’ll find a solicitor. However, none of this stuff is rocket science

bouicca21

Not married, so none of the legal protections that come with marriage. How did they own the house? Joint tenants, tenants in common? Any deed of trust? Who paid the mortgage?

This is going to be messy.

Tom99

lemonreptile wrote: »

No divorce. They weren’t married.
It was our understanding that a CCJ was a prerequisite to an Order of Sale.
Yes, if we’re not confident we’re doing the right thing we’ll find a solicitor. However, none of this stuff is rocket science

Yes I think you are right and there is no harm in investigating what is required to see if DIY is possible. Many people do the same with divorce which has far more variables to take into consideration.
Who occupies the house now, just the ex?

Norman_Castle

lemonreptile wrote: »

We’re encountering lethargy and awkwardness and have decided it’s now time to start the legal process.

What housing options are there for the ex after leaving? Not really your concern but helping with these might speed the process.

[Deleted User]

lemonreptile wrote: »

No divorce. They weren’t married.
It was our understanding that a CCJ was a prerequisite to an Order of Sale.
Yes, if we’re not confident we’re doing the right thing we’ll find a solicitor. However, none of this stuff is rocket science

I found a step by step guide after a quick internet search. Step 1 is ADR.

https://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

Not sure about costs but I'm sure I've read on the forum about claimants being able to have court costs awarded against the defendant, to come out of his/her share of the equity if the defendant is found to be dragging his/her heels for no good reason by the judge.

lemonreptile

The ex occupies the house but isn’t maintaining it.
I handled my own divorce and have completed Probate 4 times. I’m not in the legal field though.