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..

Further advice

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.