Orders for sale
If you are separated and jointly own a property with your ex-spouse, a number of issues can arise including:
- whether the property should be retained as a home for yourself and your children; or
- you may wish to realise your equity in the property to use it as a deposit on another property; or
- you may need to be released from a joint mortgage so that you can buy another property.
If you can reach an agreement about the property, we can help draw up an agreement or court order to record the terms of the settlement.
If you are unable to reach agreement we can help you negotiate an agreement through solicitors negotiation or mediation. If all else fails, we can help you with an application for an order for sale or transfer through the courts.
Will the court order a sale?
When considering whether or not to make an order for sale the court will consider various circumstances including:
- the need for accommodation of the parties and any dependent children;
- the ability of the parties to adequately accommodate themselves from their resources;
- the borrowing capacity of the parties; and
- the interests of any secured creditors.
What powers does the court have?
Upon divorce the courts can order:
- a sale of the former family home and make consequential directions, e.g. the selling price, estate agents, repayment of the mortgage etc..;
- a transfer of the property to one of the parties upon the payment of a lump sum;
- a deferred order for sale to ensure the property remains as a home for any dependent children;
- the payment of an occupation rent; and
- 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.