Can a family solicitor force the sale of a property if one of the owners moves out? | LawHive - Solicitors & Lawyers Online
Can a family solicitor force the sale of a property if one of the owners moves out?
Hi, question for a family solicitor. I’m splitting up with my partner (basically I cannot endure his verbal abuse and gaslighting) Anyway . We own the house jointly . And have a mortgage onhalf of the value . If I moved out to a friends house (she is letting to me). Could a force a sale . I have myself put in a substantial deposit and basically on the lions share of equity In the property ( which thankfully is protected by a declaration of trust) My fear is if I leave the property he wil then drag his feet in respect to putting up for sale . Thanks in advance

Sylvia Mixon

4th April 2022

Top Answer
NQ- you do not have to be living in property to force a sale.

Patricia Destephen

4th April 2022

1 upvote

NQ You both need to agree to sell, if both names are on the mortgage. I would ensure you are in agreement on this before you leave the house or get a court order for this

Patricia Cavallaro

4th April 2022

NQ. Yes you can force a sale

Jeanette Martinez

4th April 2022

NQ - You can apply to the court for an order for sale. It is relatively inexpensive and quick. If there are no children living at the house with him or any other special circumstances then there is no reason why your request would be denied. He doesn't have a say in this and you do not need to be living at the house. Also, an order for sale doesn't mean he can't drag his feet but essentially he must comply with the court's decision or you return to court (which could get expensive for him).

David Ferrell

4th April 2022

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