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doing-it-myself court order

  • bargain hunter
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02 Jan 13 #372358 by bargain hunter
Topic started by bargain hunter
:blink: Hi,

first time on here and i''m not sure where to start or were to post anything.

I have currently split from my partner who i''m not married to or have any children to BUT i''m finacially linked rather good too!! and I am finding it difficult to come to an agreement so i''m wanting some advise as i cant afford a solicitor.

i''m looking to apply for a Clean Break order or a order of consent to sell.

can anyone help me in which way to go first!!
:blink:

  • LittleMrMike
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02 Jan 13 #372380 by LittleMrMike
Reply from LittleMrMike
I think you need to make an application under sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996 , known in the trade as TOLATA.

If there are no children the chances are a Court would order a sale but might defer the order for a few months.

You also have to consider the division of the net proceeds.If as you say you are unmarried then the Court has no powers to redistribute as it does with divorce and the division will depend largely on what is in the deeds.

If you can find a solicitor who will have a look at the land certificate for you and give you 20 minutes free advice, this should suffice.

LMM

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