Court application to force house sale

Goodegg2018

_Penny_Dreadful said:

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. 

Hi, thank you, I'll check out wikivorce. There was a financial settlement that helpfully didn't cover the house!

Goodegg2018

WIAWSNB said:

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.

Good idea! I have GPT but always forget to use it!

Goodegg2018

WIAWSNB said:

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. 

Thank you

Goodegg2018

WIAWSNB said:

Yikes. You ain't going to like the last bit - the cost of such action. This assumes, tho', that you will be Legally Represented. No idea if this can realistically be done by a layperson. 

Bottom line - you can, obviously, force this issue, so any expendature will ultimately be recouped. And, if she is resistant, coupled with good evidence that she obstructed sales, then you could be fully covered; the court can awards costs against her. 

Obviously treat this info as if it came from a 'pooter - 'cos it did - but I'd lay odds that it is pretty accurate. Clearly, negotiation is the way to go, and I would collate all the evidecne you have that your partner's ex has made the sale intentionally difficult. You can then use that as a 'threat' against her if needed - starting off gently, of course - so that she relaises she could seriously lose out should this progress. 

"I separated from my wife 11 years ago, and we went our separate ways. We still jointly own the family home, which has been left empty - my ex-wife now lives abroad. I wish to sell the house and split the money, but my ex-wife is resistant to this. What can I do?"

ChatGPT: 

"Here’s the clear position under UK law (England & Wales assumed).

When co-owners separate and one refuses to cooperate with a sale, the law gives you several options — and ultimately, a court route exists to force a sale if necessary.

---

✅ 1. First: Try to Resolve It Informally

You can propose:

• Selling the property and splitting the proceeds.

• One party buying the other out.

• Agreeing a timetable for sale.

If she refuses to engage or delays indefinitely, you can move to formal steps.

---

✅ 2. Write a “Letter Before Action”

Before going to court, you would normally send a formal written proposal stating:

• You wish to sell the property.

• You have attempted to agree this amicably.

• If she does not respond within a reasonable time (e.g., 14–28 days), you will apply to court for an order for sale.

This letter can be sent by you or a solicitor.

---

✅ 3. Use the Law: Apply Under TOLATA 1996

If she still refuses, your legal remedy is to apply to court under:

TOLATA — Trusts of Land and Appointment of Trustees Act 1996

This law allows the court to:

• Order the property to be sold

• Decide how the sale proceeds are split

• Resolve any dispute about the timing or terms of sale

This is the standard legal route when former partners co-own property but one obstructs a sale.

---

❗ Will the court order a sale?

Almost always, yes, when:

• Both parties have moved out

• There is no dependent child living in the property

• One party wants their share of the equity

• The home is sitting empty and deteriorating or costing money

Courts are reluctant to let a co-owner indefinitely block another person from accessing their equity.

Your situation (separated for 11 years, empty house, other party abroad) is very likely to result in an order for sale.

---

💷 4. What about costs?

• You can request that costs be shared, but normally each party pays their own.

• If your ex-wife is being unreasonably obstructive, you can ask the judge to award costs against her, and sometimes they do.

---

🔑 5. Can you sell the property without her signature?

Not unless you have:

• A court order for sale or

• A court-appointed trustee replacing her for the sale

So you’ll need a TOLATA order if she refuses.

---

📌 6. If she is abroad

This does not prevent proceedings. The court can:

• Serve her at her overseas address or email

• Allow remote attendance

• Proceed without her if she fails to participate

---

🧭 SUMMARY

You have a clear path:

1. Try informal agreement

2. Send a formal letter before action

3. Apply under TOLATA 1996 for an order for sale

4. The court will very likely grant the sale and set the division of proceeds

This is a common scenario, and the law makes sure neither co-owner can trap the other financially.

---

If you want, I can also:

• Draft a sample “letter before action”

• Explain roughly how much a TOLATA claim costs

• Outline what evidence you’ll need

• Help you understand how proceeds will likely be divided

Would you like any of those?"

"Thank you. She 'appears' to also want to sell the house, but has acted in a way that hasn't allowed this to happen. For example, she has marketed the house for roughly double its actual value, and has rejected reasonable offers made on it."

ChatGPT: "

Under UK co-ownership law, this kind of behaviour is very familiar — a co-owner claims to want to sell but, in practice, makes the sale impossible. Courts recognise this pattern and treat it as unreasonable obstruction, and it strengthens your position if you need to apply for an order for sale.

Here’s how this affects things:

---

✅ 1. “Wanting to sell” is irrelevant if she is preventing a real sale

A court looks at actions, not claimed intentions.

If she:

• Insists on a wildly unrealistic asking price

• Rejects fair market offers

• Refuses to appoint a reasonable agent

• Blocks viewings or progress

…then the court will treat this as obstructing the sale.

Even if she says she wants to sell, if her conduct makes the sale impossible, the court may intervene.

---

✅ 2. This strengthens a TOLATA application

Under TOLATA 1996, the court can:

• Order the property be sold

• Specify the selling price range

• Approve or appoint the estate agent

• Permit the agent to accept offers within market valuation

• If necessary, authorise a trustee to sign in her place

This is exactly the type of scenario where the court steps in to prevent one co-owner from blocking or sabotaging a sale.

---

✅ 3. Evidence that helps your case

Gather anything that demonstrates obstruction, such as:

• Estate agent valuations showing realistic price

• Copies/screenshots of her inflated listing price

• Emails/messages showing she rejected reasonable offers

• Records of any buyers withdrawing due to her conduct

• Time the property has sat on the market

• The fact that the house is empty and deteriorating

Courts respond strongly to an empty property losing value because one party is being unrealistic.

---

✅ 4. You can request a “sale mechanism order”

If you apply under TOLATA, you can ask the judge to:

1. Order a sale

2. Appoint a specific estate agent

3. Set the asking price based on independent valuations

4. Allow a price reduction if no offers appear within a set timeframe

5. Permit the agent to accept offers within a certain bracket (e.g., within 5–10% of valuation)

6. Authorise you, or a trustee, to sign sale documents if she won’t

This is increasingly common in cases of non-cooperative co-owners.

---

✅ 5. She may be afraid of getting less money — but this isn’t a defence

Sometimes a co-owner sets an unrealistic price because they:

• Are emotionally attached

• Think the market will suddenly rise

• Want to maximise their share

• Fear losing control

However, the court focuses on objective market value, not personal optimism.

A court-approved sale ensures:

• A fair, independent valuation

• No one loses out by the price being too low

• No one can sabotage the sale by insisting on fantasy pricing

---

📌 Bottom Line

Yes — what she is doing counts as obstructing the sale, even if she insists she's willing.

If negotiations fail, a TOLATA order for sale with a sale mechanism attached is the standard remedy and is very likely to be granted, especially after 11 years of separation and an empty house.

---

If you like, I can also draft:

• A letter before action specifically tailored to this “obstructive co-owner” scenario

• A simple timeline and cost estimate for a TOLATA claim

• A strategy to encourage agreement without going to court

Which would you prefer?"

"Timeline and cost of a TOLATA claim, please."

ChaGPT: 

"

Here’s a clear, realistic breakdown of the timeline and costs for a TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim in England & Wales. This assumes the situation you’ve described: co-owners, one obstructing the sale, no dependent children.

---

🧭 TOLATA Timeline (Realistic)

1. Pre-action stage (4–8 weeks)

• Your solicitor sends a letter before action.

• You exchange information/valuations.

• If she cooperates here, you may avoid court.

• If she ignores or obstructs, you proceed to issue a claim.

Duration: 1–2 months.

---

2. Issuing the claim and first court steps (8–12 weeks)

• Your solicitor files the Part 8 TOLATA claim in the County Court.

• Your ex-wife is served abroad (per Service Out of Jurisdiction rules).

• She has time to file a defence.

Duration: 2–3 months.

---

3. First hearing / directions hearing (8–12 weeks after defence)

The court will:

• Decide what information is needed.

• Often order joint valuations of the property.

• Set a timetable.

Duration: ~2–3 months after the defence.

---

4. Evidence & valuation phase (8–16 weeks)

• Joint surveyor produces market valuation

• Both sides prepare witness statements

• Attempts at negotiation often happen here

Duration: 2–4 months.

---

5. Final hearing (Depending on court backlog)

Many courts have backlogs, so 6–12 months is typical from issue to final hearing.

At the final hearing, the judge can:

• Order an immediate sale

• Set the estate agent

• Fix the asking price based on valuation

• Appoint a trustee to sign if she won’t

Duration: 1 day in court, but the scheduling delay is the long part.

---

⏳ Total realistic timeline

8–18 months from first solicitor letter to court order for sale.
Many cases settle before the final hearing once the obstructive party sees the court will intervene.

---

💷 Costs of a TOLATA Claim

Costs vary with complexity, but typical figures are:

---

Solicitor’s fees

• Pre-action work: £1,000–£3,000

• Issuing the claim: £3,000–£6,000

• To final hearing: £12,000–£30,000
  (More complex cases can reach £40k+)

Total typical for a contested claim: £15,000–£30,000

You don’t pay everything upfront — most is staged over the course of the proceedings.

---

Barrister’s fees

• Advice/conference: £750–£2,000

• Representation at final hearing: £2,500–£7,500 (depending on seniority)

---

Court fees

• Issue fee: usually £308 (Part 8 claim)

• Application fees (if needed): £303 each

---

Expert valuation (joint surveyor)

• Usually £300–£800 for a property valuation report.

---

💷 Can you recover costs?

TOLATA cases are in the civil courts, not family courts, so costs can be awarded.

If your ex-wife is:

• obstructive

• unreasonable

• ignores the pre-action protocol

• rejects reasonable settlement offers

…you can ask for some or all of your costs to be paid by her.

Judges sometimes award costs against a party who blocked a sale for no good reason.

---

📝 Key point for your case

Because:

• The house is empty

• She priced it unrealistically

• She rejected reasonable offers

• It's been 11 years since separation

…your case is particularly strong, and she risks a costs order if she continues obstructing.

---

If you want:

I can also outline:

• What evidence you’ll need

• What order for sale terms you should request

• How to minimise your own costs

• How to encourage your ex-wife to settle before court

Would you like any of those?

This is so helpful, thank you so much.

Goodegg2018

_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. 

Hi, there was a financial order which was done by my partner and his ex without a lawyer (!) and which didn't include the house. It was a clean break though. They agreed outside of those documents that the ex would get the vast majority of the proceeds of the house and he will only get £15K. Long story! We barely stand to gain from this house sale but just need it sorted so we can buy in future. We've had 10 years of nightmare interactions about many issues so this can't be dealt with in any reasonable, normal way unfortunately. What's happening now is part of a familiar pattern

GDB2222

Goodegg2018 said:

_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. 

Hi, there was a financial order which was done by my partner and his ex without a lawyer (!) and which didn't include the house. It was a clean break though. They agreed outside of those documents that the ex would get the vast majority of the proceeds of the house and he will only get £15K. Long story! We barely stand to gain from this house sale but just need it sorted so we can buy in future. We've had 10 years of nightmare interactions about many issues so this can't be dealt with in any reasonable, normal way unfortunately. What's happening now is part of a familiar pattern

You didn’t previously mention the very small %age your partner owns. This might influence the court’s decision. 

If you take legal advice this could well cost as much as £15k. If you don’t take legal advice, you could well fail in this rather complex case. 

One solution is simply for your partner to renounce his share of the property and make it over to his ex. 

WIAWSNB

Start your Chat.
Enter your OP - literally just that.
Then add the nuance - the type of agreement you had. The %-ages, etc.
If you think/suspect/wonder if any detail is wrong or missed, then ask it - say the stuff PennyD said. It will search and amend.
Even ask, "Are you sure about..."?!
Prepare to have your socks blown off. 
Then double-check the result with other sources. For instance, the other sources mentioned in here. And even a free consultation with a specialist solicitor. Know the key points in advance, and see if they agree.
Assuming they do, then your choice will be to use them, especially if you can recoup the costs from the recalcitrant ex, or DIY, with good confidence you are on solid ground.

WIAWSNB

Why is the house empty? Who is insuring it? Who inspects it? What would prevent you from moving in, for example?

WIAWSNB

And when you (your partner) decide to act, be completely unemotive - pure matter of fact. No reference to any previous 'behaviour', stubbornness or anything!

Get your ducks lined up, and record everything. Explain the situation, and that it needs to be resolved. Ask for her agreement.

If that doesn't get anywhere, then state you will need to take action "under the whatsit laws of sjsgfjk". Succinctly list all the times you believe the sale has effectively been scuppered, and that you have been advised that this is enough to indicate obstruction. On that basis, you will be asking that the cost of your action will be awarded against her, and you request she reconsiders.

If she doesn't, then you get the process underway. She might not be a nice or reasonable person, but at some point common sense will most likely prevail. If it doesn't, you continue. 

No emotive terms. Matter of fact. State only facts. Don't make threats you will not act on.

Your call whether to begin this process yourself, or dig deep from the beginning.