Partition and Sale Of property

[Brady94]

Hi would anyone know what form to download in order to apply to the court for the partition and sale of property, can’t afford a solicitor so need to apply ourselves

 

[Jim Stafford]

A Section 31 application for a partition and sale of lands is a complex procedure. Unfortunately it is not as straightforward as downloading a form. You need to issue the Correct Motion, refer to the correct Sections and provide a Grounding Affidavit etc. You will also need a surveyor to provide maps etc

If you cannot afford legal fees it might be best to try and reach a compromise with the other party first.

Jim Stafford

 

[Brady94]

We have been trying for years but ex will not, the house was in negative equity but isn’t any more he won’t put her name on the deeds and the worry is if he ever re married and moved back in the house his new wife would have a say init. Also how do you get on with your life with a debt hanging over you on a house you don’t own, seems crazy to me. The bank aren’t interested

 

[Leo]

Ex will not what? It's not clear what the goal is here. Are you trying to split the plot of land the (former?) family home is on as a means to forcing a separation of assets or as a means of assigning the mortgage / debt to one party? No way any bank with a claim would allow that.

 

[Thirsty]

he won’t put her name on the deeds and the worry is if he ever re married and moved back in the house his new wife would have a say init

How was the property settled on foot of the Divorce?

 

[Brady94]

Ex will not what? It's not clear what the goal is here. Are you trying to split the plot of land the (former?) family home is on as a means to forcing a separation of assets or as a means of assigning the mortgage / debt to one party? No way any bank with a claim would allow that.

If she is going to be responsible for the mortgage she asked him to put her name on the Deeds but he will not, so she asked him to buy her out I.e take over the full mortgage, but he will not, she asked him to sell it and pay the mortgage, he will not. He wants to keep the house and keep her name on the mortgage so she is responsible for paying it as well as him. She divorced him in UK with the finance being dealt later so she still has a right to claim. She doesn’t mind how it is resolved she either wants the house sold or her name added to the Deed as 50% owner, it is a house and although the plot was built on his site she put all her savings into it about £20000 and was the main earner paying the mortgage although she isn’t paying it at the moment because it’s being rented and the rent is being paid to bank. He isn’t very good with money and drinks a lot that is why they split up, he doe nothing for the children she supports them and she has this debt hanging over her. Surely there has got to be a way out. The bank isn’t interested as although he doesn’t respond to them she does and most of the mortgage is being paid with the rent money

 

[mf1]

You/your friend needs a solicitor.

mf

 

[Leo]

The bank isn’t interested as although he doesn’t respond to them she does and most of the mortgage is being paid with the rent money

From their point of view, there is no plus side with just taking her off the mortgage. For him to take over the mortgage you are really looking at him taking out a new mortgage to cover the outstanding debt, would he qualify?

She divorced him in UK with the finance being dealt later so she still has a right to claim.

There is no form that will resolve the current mess. Talking to a solicitor to assess her options and likely outcomes is the only way forward.

he doe nothing for the children she supports them and she has this debt hanging over her. Surely there has got to be a way out.

She'll need a court order to sort that out too, and again, I'd advise that is not approached without professional advice. If affordability is an issue, contact FLAC. She may be eligible for legal aid.