Force of sale

Han.nah

I have applied to court for a force of sale of a house i own. My ex partner currently lives there. He is not contributing to the mortgage now and hasn’t done for almost a year. I have a date for an instructions hearing but that is all I know. Does anyone have any experience in going through a force of sale? What is the process? What should I expect? How many hearings I am looking at? Ideally I would like the ex out of the property so I can sell it and then money can be sorted. I just want to be free to move on as soon as possible and owning this house is stopping me from settling down with my new partner. 

Thanks in advance

theartfullodger

Is this Wales, NI.. ??? Is ex-partner spouse or civil partner or simply someone you lived with please?? Laws and processes can be different .Strongly suggest you get advice from CaB
https://www.citizensadvice.org.uk/family/how-to-separate1/
and/or Shelter
https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown
- free helpline (expect a wait) 0808 800 4444

and/or a local solicitor specialising in property & family disputes...

TBagpuss

Is this an application under the Trusts of Land and Appointment of trustees At (ToLATA)? IF so, it would be sensible for you to get proper advice.

The court would have the power to order him to move out and for you to have conduct of the sale but that wouldn't usually be the first step - if he's living there then in the first instance it would usually be reasonable for him to be able to stay and to market the property, so if you don't ant that you will need to make your case for the order to be different . Sometimes it can be part of an enforcement application - e.g. if the court makes and order for the house to be sold and he doesn't comply, you might apply back for orders for him to be evicted and for you to have sole conduct.

It's probably a false economy not to have proper legal representation and assuming that you are unmarried and applying under ToLATA then if you are successful you would most likely be able to claim your costs from him (assuming hat you hae followed all the procedures, did a suitable letter before actin before issuing etc.) 

MobileSaver

Han.nah said:

sale of a house i own. .... Ideally I would like the ex out of the property so I can sell it and then money can be sorted.

What money needs to be sorted? Is it your house or jointedly owned with your ex?

SuseOrm

Took 2 years in our case.  And i was lucky the house was already SSTC when judgement came through as really that should have been the beginning of the process not the end 

Han.nah

TBagpuss said:

Is this an application under the Trusts of Land and Appointment of trustees At (ToLATA)? IF so, it would be sensible for you to get proper advice.

The court would have the power to order him to move out and for you to have conduct of the sale but that wouldn't usually be the first step - if he's living there then in the first instance it would usually be reasonable for him to be able to stay and to market the property, so if you don't ant that you will need to make your case for the order to be different . Sometimes it can be part of an enforcement application - e.g. if the court makes and order for the house to be sold and he doesn't comply, you might apply back for orders for him to be evicted and for you to have sole conduct.

It's probably a false economy not to have proper legal representation and assuming that you are unmarried and applying under ToLATA then if you are successful you would most likely be able to claim your costs from him (assuming hat you hae followed all the procedures, did a suitable letter before actin before issuing etc.) 

Yes I made the application under TOLATA, he has been saying that he would move out since 2019. I honestly can’t see him sticking to anything. I would ideally like the house vacant so I can put it up for sale so need to look into this as I stupidly assumed that’s what would automatically happen. 

I’ve been dealing with vexatious civil claims against me from him for the past year, a total of 6 separate ones which have all been linked to my application to show what he’s been putting me through.
I honestly just need him and the house out of my life so I can stop feeling trapped. 

Han.nah

MobileSaver said:

Han.nah said:

sale of a house i own. .... Ideally I would like the ex out of the property so I can sell it and then money can be sorted.

What money needs to be sorted? Is it your house or jointedly owned with your ex?

It is in my sole name but he has beneficial interest. I was basically manipulated into buying the house as it was his childhood home. He also manipulated me into getting a loan for him in my name, some of which he still hasn’t paid me back. It’s a very complicated situation from a relationship that was very emotionally abusive. In terms of money I was talking about any equity. 

steampowered

Do you have a solicitor to help you with this?

If not, I think you need one. Ultimately he can be ordered to pay your legal costs and an order can be made that those costs can be deducted from his share of the property.

Han.nah

steampowered said:

Do you have a solicitor to help you with this?

If not, I think you need one. Ultimately he can be ordered to pay your legal costs and an order can be made that those costs can be deducted from his share of the property.

I have a barrister helping me but I wanted to know if anyone has knowledge or personal experience of what I’m to expect going forward.  I am slowly running out of money to pay for legal help. And I am not entitled to legal aid.