Solicitors mis-advice re. Order for Sale (NI)?
I am joint owner as joint tenants on residential property. I don't live there. Other owner lives there and agrees to sell but disputes the 50/50 equity and drags her heels for years. Keeps threatening high court action to get her’ bigger share’ but never does… Despite an interest only mortgage which she keeps running and won't change as she knows it's a noose around my neck as it can't be paid off except through sale, there is enough equity at 50/50 for her to rent or buy outright.
In trying to get a sale even started, a solicitor at the time told me I would be required to apply for an Equity Civil Bill in order to ‘compel a sale’…. I agreed to start this course of action. Only after meeting with her ‘recommended’ barrister and then extracting the information from them like blood from a stone was I to discover that this would cost me in the region £6000 and would still not result in a sale. That I would still then have to apply for a court order for sale. More time more cost.
So I couldn’t afford this naturally and had to retract this
decision. Believing this was what I had to do, the sale still did not progress.
I felt completely stuck. Since then, another solicitor has stated the opposite. That the
onus of such court action re. disputed equity other than 50/50 arsing from joint
tenants status would fall upon the owner disputing the legal 50/50, not on me. I
am not the one disputing this, they are.
Whenever I approached the other owners solicitor, they say they are waiting on me launching this equity bill so that a sale can proceed. Quite unbelievable.
Apparently I can simply apply for a court order for sale.
Has anyone else has experience of this? And if so, can anyone identify the form I need to fill out to apply for an order? I have read on other threads that this is the N208 / CPR Part 8 claim form but unsure if this is the same for Northern Ireland as it is for England. Needless to say, I cant afford any more solicitors.
Any help and advice much appreciated as I am at the end of my tether...