Court application to force house sale

GDB2222

The proposed defendant is oversea, and the court’s permission is normally required to serve proceedings on non resident defendants. There are so many pitfalls that it may not be possible for a layperson to navigate their way through. 

The courts will not normally allow the same case to be tried more than once, so it is really important not to make a hash of it. 

_Penny_Dreadful

And therein lies the problem with AI @WIAWSNB, this is a divorced couple so it wouldn’t a TOLATA claim. 

GDB2222

_Penny_Dreadful said:

And therein lies the problem with AI @WIAWSNB, this is a divorced couple so it wouldn’t a TOLATA claim. 

Can you explain why? 

WIAWSNB

_Penny_Dreadful said:

And therein lies the problem with AI @WIAWSNB, this is a divorced couple so it wouldn’t a TOLATA claim. 

In which case the error would have been mine - I only mentioned 'separated' and not 'divorced'. 

Anyhoo, I'm just putting it out there as a potentially very useful tool - the OP should carry out due diligence. 

I can state from personal experience that it knows more detail in some matters than most specialist solicitors. 

Edit: TOLATA 1996 still applies. ~£400 court fees if you DIY.
Follow the steps - obvs begin with a reasoned approach.

_Penny_Dreadful

GDB2222 said:

_Penny_Dreadful said:

And therein lies the problem with AI @WIAWSNB, this is a divorced couple so it wouldn’t a TOLATA claim. 

Can you explain why? 

With divorcing couples the division of property is dealt with using a Property Adjustment Order which is an order made by the court under S24 Matrimonial Causes Act 1973, or in the case of dissolving a civil partnership, Civil Partnership Act 2004. 

A TOLATA claim is made when the co-owners cannot bring property claims under family law, such as the two acts mentioned above. 

WIAWSNB

It's Penny Vs Chattie

GDB2222

_Penny_Dreadful said:

GDB2222 said:

_Penny_Dreadful said:

And therein lies the problem with AI @WIAWSNB, this is a divorced couple so it wouldn’t a TOLATA claim. 

Can you explain why? 

With divorcing couples the division of property is dealt with using a Property Adjustment Order which is an order made by the court under S24 Matrimonial Causes Act 1973, or in the case of dissolving a civil partnership, Civil Partnership Act 2004. 

A TOLATA claim is made when the co-owners cannot bring property claims under family law, such as the two acts mentioned above. 

I understand that, but there’s been 11 years since the decree absolute. Can a property adjustment order be made at this point? I thought the point of a clean break is that it is final. 

_Penny_Dreadful

GDB2222 said:

_Penny_Dreadful said:

GDB2222 said:

_Penny_Dreadful said:

And therein lies the problem with AI @WIAWSNB, this is a divorced couple so it wouldn’t a TOLATA claim. 

Can you explain why? 

With divorcing couples the division of property is dealt with using a Property Adjustment Order which is an order made by the court under S24 Matrimonial Causes Act 1973, or in the case of dissolving a civil partnership, Civil Partnership Act 2004. 

A TOLATA claim is made when the co-owners cannot bring property claims under family law, such as the two acts mentioned above. 

I understand that, but there’s been 11 years since the decree absolute. Can a property adjustment order be made at this point? I thought the point of a clean break is that it is final. 

This is why I asked the OP what the financial order said should happen with the house.  I wouldn’t be surprised to learn that there isn’t a financial order. 

WIAWSNB

_Penny_Dreadful said:

GDB2222 said:

_Penny_Dreadful said:

GDB2222 said:

_Penny_Dreadful said:

And therein lies the problem with AI @WIAWSNB, this is a divorced couple so it wouldn’t a TOLATA claim. 

Can you explain why? 

With divorcing couples the division of property is dealt with using a Property Adjustment Order which is an order made by the court under S24 Matrimonial Causes Act 1973, or in the case of dissolving a civil partnership, Civil Partnership Act 2004. 

A TOLATA claim is made when the co-owners cannot bring property claims under family law, such as the two acts mentioned above. 

I understand that, but there’s been 11 years since the decree absolute. Can a property adjustment order be made at this point? I thought the point of a clean break is that it is final. 

This is why I asked the OP what the financial order said should happen with the house.  I wouldn’t be surprised to learn that there isn’t a financial order. 

What would be the methods to use under these differing conditions, PennyD?

Goodegg2018

user1977 said:

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.

Thank you. Unfortunately this is unlikely to work based on our terrible experiences over the past decade.