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Forcing the sale of house?

  • LMM
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09 Jul 09 #129791 by LMM
Topic started by LMM
Hi, not sure if this is the right forum so feel free to move if it isnt. Right, bought a house with my ex-girlfriend of many years in july 2008, needed total refurbishment and i have spent the last year doing that. we both invested the same amount of money for deposit and costs, however, my parents lent us around 15,000 for extra deposit, kitchen and materials etc all can be traced via receipts, her parents lent 8,000 for similar. Obviously i invested around a year of my time in work too! Two weeks after moving in she says she wants out and doesnt want me anymore. Now i want to sell the house, this will mean we loose all our investment due to market value of house, i want my parents money back for them and her parents money too, this should be covered by the proceeds from the sale. However, she doesnt want to sell at the price the agents are valuing it at, and wants to rent it out. The rent will not cover the mortgage and i dont want to be in any sort of relationship with her now. How do i go about forcing the sale of the house? Thanks.

  • LittleMrMike
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10 Jul 09 #129993 by LittleMrMike
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I am assuming that you are not married.

On that basis, you could ask the Court for an order for sale under sections 14/15 Trusts of Land and Appointment of Trustees Act 1996.

To do this, you will need legal advice.

Mike

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10 Jul 09 #130111 by LMM
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Thanks is it possible for me to represent myself and ask the court myself for an order of sale or must i use solicitors?

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10 Jul 09 #130115 by perrypower
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As it is going to be contested and can be complicated and there is not a lot of free information available, I agree with mike100, get legal advice.

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10 Jul 09 #130192 by LittleMrMike
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If it is any help to you, I wouldn't like to try this and I am a retired solicitor. But this sort of thing is not my scene anyway.

To do this you would need precedent books and very few non-lawyers have them or even have access to them. But without them, you're sunk.

Mike

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