Forcing a sale of property
Orders for sale
If you have an interest in a property or a joint mortgage with your ex-partner, and you wish to realise your interest or secure your release from the mortgage but your ex-partner will not co-operate, you may be able to apply to the court for an order for sale.
Will the court order a sale?
When considering whether or not to make an order for sale the court will consider all the circumstances of your case including:
- Your intentions when you purchased the property;
- The purpose for which the property was bought, e.g. as a family home;
- The welfare of any dependent children who occupy the property or who may reasonably expect to occupy the property; and
- The interests of any secured creditors.
What powers does the court have?
The court has the power to:
- Order a sale of the property and make consequential directions, e.g. appointment of estate agents etc..;
- Order the transfer the property to one of the owners upon the payment of the lump sum;
- Make a deferred order for sale to ensure the property remains as a home for any dependent children;
- Order the payment of an occupation rent; and
- Make directions regarding the payment of the mortgage, repairs and other expenses etc..
If you need more detailed advice about selling a property in which you have an interest call us on (01228) 829530 to arrange an initial consultation or request a free call back.