Court application to force house sale

Goodegg2018

Hi, my partner still co-owns a house with his ex-wife (they divorced 11 years ago!) No one lives in the house now and the ex actually lives in another country. My partner wants to sell it and she used to want to keep it but, in theory, has been trying to sell it for 2 years. She actually seems to have been sabotaging the sale though ie she initially advertised it for approximately double its actual value, she has rejected reasonable offers for it, she has refused to extend the leasehold and has now taken it off the market. We have been told we can apply to court for an order to essentially force her to sell it and asking a judge to sign paperwork on her behalf if she is not cooperative. Does anyone know which court application we use? We can't afford a lawyer to advise us. Thank you.  If you know any more about this process that would also be useful.

Herzlos

Given the value involved here I'd definitely be looking at getting a solicitor. Most will do a free consultation to give you an idea of viability and costs.

theartfullodger

Talk to a solicitor SPECIALISING in this sort of issue. i.e. high street one probably no use.

user1977

In practice you usually only need to threaten going legal about it - once the other party realises the costs involved (and how much it will deter buyers) they are likely to see sense.

_Penny_Dreadful

Goodegg2018 said:

Hi, my partner still co-owns a house with his ex-wife (they divorced 11 years ago!) No one lives in the house now and the ex actually lives in another country. My partner wants to sell it and she used to want to keep it but, in theory, has been trying to sell it for 2 years. She actually seems to have been sabotaging the sale though ie she initially advertised it for approximately double its actual value, she has rejected reasonable offers for it, she has refused to extend the leasehold and has now taken it off the market. We have been told we can apply to court for an order to essentially force her to sell it and asking a judge to sign paperwork on her behalf if she is not cooperative. Does anyone know which court application we use? We can't afford a lawyer to advise us. Thank you.  If you know any more about this process that would also be useful.

When they divorced what did the financial settlement say should happen with the house? If there was never a financial order sorted at the time your partner needs to get on to that now. I believe Wikivorce is a good resource your partner can use. 

Before your partner takes the ex to court it’ll be expected that he at least attempts mediation with the ex. 

WIAWSNB

Get some background info using - yup - ChatGPT.
Don't take it as gospel, of course, but outline the facts, and ask about how to proceed. 
It's a 'conversation' - it'll add nuance as you provide more detail.*
A keen point to ask could be if your partner will be held liable for the costs of a court order, since they are the ones scuppering the sale. I think there's every chance they will.
So, get your facts succinct, collect your evidence - all the stuff you've told us about inflated asking prices, withdrawing from sales, etc - and see what results you get.
And then get proper legal advice to move with.
Do you have Legal Protection included in your current home policy? Not sure they'll cover this, but they might well do so - especially since, based on what you've said - it's clear who's at fault.
This is not an unusual situation - it must be tried and tested numerous times in this country - so I'm going to bet that Chattie will provide succinct answers. And may even guide you on the process, should you wish.
But, of course, the caveat that you shouldn't solely rely on it.

*Start simple. Just one partner wants to sell a jointly owned house, the other does not. And go from there. If you haven't used it before, get ready to be blown away...
But don't 'trust' it as gospel! However, given the info it'll provide, you should be able to confirm what it says using statutory and legal sources.

MEM62

Goodegg2018 said:

We can't afford a lawyer to advise us. 

In this situation, I would be of the opinion that you cannot afford not to use a lawyer - and a specialist one at that.  You really do not have much choice as this is not a DIY situation.  If you do so you risk not following the proper processes and protocols.  And if she turns up at court with legal counsel the outcome for you is unlikely to be good.  

EssexHebridean

Probably not the best of ideas to use AI for legal stuff to be honest - certainly in the litigation world it’s becoming rather a PITA with its habit of churning our inaccurate information including on occasion apparently actually inventing non existent case law! 

WIAWSNB

EssexHebridean said:

Probably not the best of ideas to use AI for legal stuff to be honest - certainly in the litigation world it’s becoming rather a PITA with its habit of churning our inaccurate information including on occasion apparently actually inventing non existent case law! 

Yes but no but yes. 

First thing the OP should do is check if they have LP on their house insurance. 

Ideally, the second-best thing the OP should do is engage a specialist solicitor, perhaps on a free initial half-hour consultation. 30 mins should be enough for them to determine the best way forward, and an idea of the cost, and also whether the ex can be made to pay - I'd lay odds that they will. 

The third-best thing to try is MSE. Kidding! It's ChatGPT. 

I've mentioned the caveat - only a wreckless person would take any legal action based on its say-so. But, the OP's situation is common, and will almost certainly have a standard approach. And I bet Chattie has it. And I'll further bet it's accurate.

I'd go as far as to suggest one would be remiss to not include AI's input in your research. But then use it wisely. It will almost certainly save a lot of grief. 

RAS

Wikivorce, way ahead of AI. You might even find real people who've actually done the same thing.

WIAWSNB

"Thank you. Is a TOLATA a case I can take on myself without legal representation"

✅ Yes, you can run a TOLATA claim yourself

Many TOLATA cases are straightforward:

• Two co-owners

• Property needs to be sold

• One party is obstructing

For these types, courts are used to seeing litigants in person, and judges will give some guidance during hearings.

You can:

• Draft and file the Part 8 claim form

• Prepare a witness statement

• Provide property valuations

• Attend hearings and explain the situation

This is all allowed without a solicitor.

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⚠️ But here are the practical difficulties

TOLATA is technically a civil claim, not a family claim. That means the process follows the Civil Procedure Rules (CPR), which can be complex for non-lawyers.

The challenging elements are usually:

1. Drafting the Claim Form (Part 8) correctly

• You must set out the legal basis (TOLATA s.14 and s.15).

• Incorrect drafting can lead to the claim being struck out or delayed.

2. Serving your ex abroad

Service outside the jurisdiction follows specific rules.
If service is done incorrectly, the entire claim can be invalidated.

3. Procedural steps

You must:

• Comply with directions

• Exchange evidence correctly

• File documents on time

• Prepare a trial bundle
  This is where LiPs often struggle.

4. Advocacy at the final hearing

A barrister can argue:

• Why her behaviour is unreasonable

• Why a sale order is needed

• Why you should get costs
  You can do this yourself, but it is demanding.

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⛳ When representing yourself works well

Self-representation is practical if:

• The facts are simple (just wanting to sell)

• There are clear valuations

• The other party has acted obstructively

• There is no dispute about ownership percentages

Your case fits these criteria.

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🚫 When you SHOULD get a solicitor or barrister

Get professional help if:

• She disputes the ownership split

• She alleges you owe money (e.g., rent, occupation rent)

• She claims improvements or contributions

• There is a dispute over who lived there or who paid the mortgage

• She files a complex defence

• She hires a strong solicitor

These situations require legal skill you may not want to handle alone.

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💡 Hybrid approach (very effective and cheaper)

Many LiPs use a hybrid model:

🔹 Do most steps yourself, BUT:

• Pay a solicitor 1–2 hours to draft the claim form properly

• Use a barrister (via a Direct Access scheme) only for the final hearing

This typically reduces costs from £20–30k to £1,500–£5,000 total.

This is a good balance for someone in your situation.

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🏁 Bottom line

Yes — you can bring a TOLATA claim yourself, and in a straightforward “order for sale” scenario like yours, many litigants in person successfully do so.

But doing the whole case alone is demanding.
The best cost-effective approach is:

• You run the process

• A lawyer (on a limited basis) handles the technical bits

If you like, I can also provide:

📄 A step-by-step guide for representing yourself in a TOLATA claim
📄 Template: Part 8 claim wording
📄 Checklist of documents you’d need

Just tell me what would help.