Applying For A Court Order For Sale
Do you need to apply to the court for a court order for sale in order to force the sale of your jointly owned property?
Is the joint owner(s) of your property refusing to buy you out, let you buy them out or sell?
Have you sought advice from a solicitor about how you can obtain a court order for sale?
Are their fees too high and has it has stopped you in your tracks?
With guidance would you be willing to apply to the court for an order for sale in order to keep the costs down by representing yourself in court?
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JOINTLY OWNED PROPERTY DISPUTES
Unless there is a declaration of trust which sets out how the property is owned, the law will assume that both parties own it equally. This is the case even if one person has made a larger financial contribution. It is possible to argue that the property is not owned in equal shares but this is difficult to do unless there is clear evidence that this is the case.
If one person is contributing more money toward the purchase of a property, it is sensible to have a declaration of trust drawn up to make it clear that one person owns more.
When the cohabiting couple separate, either person can apply to the court to obtain a court order to force the sale of a property so that they can receive their share of the equity. In contrast to the case with married couples, the court cannot award one party more money because they are in greater need.
When Two Or More People Own Property Jointly And Are Not Married
The majority of cohabitation disputes are usually in relation to the home. The courts have a broad jurisdiction to achieve fairness on divorce. However, when the parties are not married the strict laws of property and trusts apply. These were not designed with families in mind which is why results can seem particularly unfair. The way the law is applied depends on how the property is owned.
A party who wishes to have their property sold in order to take his or her share of the sale proceeds may make an application for an ‘order for sale’ in court. This will be under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.
Representing Yourself In Court
Any individual unable to afford professional representation is entitled to represent him or herself in court proceedings. However, it seems clear that this increase in the number of litigants in person wanting to use the courts will also increase the number of litigants in person who require practical assistance.
Unfortunately this is no longer available as the budget cuts by the court service has removed many court staff who previously provided basic information to litigants in person.
A lot of people are unaware that they can reduce their legal costs quite considerably by hiring the services of companies that specialise in preparing order for sale court applications. They would however have to represent themselves in court.
There has been a major shift due to cuts in legal funding and what we are seeing now is a rapid growth in people representing themselves in court. Even though many feel daunted by the prospect in standing up in court and facing the judge and their ex partners, friends or family members who they jointly own property with, they are now taking control with the help of these specialist companies.
People are being empowered to take action and represent themselves for a fraction of the cost with support, help and guidance therefore enabling them to navigate through what can often be a complex legal maze.
Court Application Preparation Service
REA Solution Consultancy Ltd specialises in preparing ‘Order For Sale’ court applications, in jointly ownership property disputes.
Our aim is to help those who have been left with no alternative but to ask a court to order that the property be sold.
We provide an affordable and valuable service which will enable our clients to access the legal system by representing themselves in the County Court.
We will provide you with the necessary tools needed to apply to the court for an order for sale. We will prepare your court application documents for an Order for Sale. We will complete the necessary paperwork and collate the relevant documentary evidence in support of your application
Have your say and keep costs down by representing yourself in court