Enforcement of sale of property

**2222** · 11th October 2018, 16:08:PM

You own half the house, so yes I am afraid your husband can ultimately be forced to agree to a sale.

Is your share of the equity in the house at least £40k?

Can your husband afford to buy out your half-share from you, thus freeing up the capital?

Edit: I won't delete this, as it may be of some help, but please see Amethyst's post below.

**Amethyst** · 11th October 2018, 16:19:PM

How is the house owned, is it as tenants in common or joint tenants ( it is likely to be joint tenants, most are if the house is bought together on a standard mortgage ). If the judgment is against just you, and you are tenants in common (owning say 50% of the property each) then the judgment holder could only obtain a charge over your half of the property, however if joint tenants that means you each own 100% of the property and the judgment holder could apply for a charge on the whole property, and potentially, unless you managed to negotiate instalment payments, request the court make a sale order.

You can of course defend against an application for a sale order. Issues like it being the main family home, if there's children, lack of equity and so on.
Having an instalment set up to pay the claimants would of course help.

Is the actual judgment a forthwith order ( were instalments etc discussed at the hearing ?) ? You could apply to the court to pay by instalments based on your circumstances, but even if granted the judgment holder is likely to be granted permission to secure the judgment debt on your house... then if you failed with any of the instalments, they could apply for a sale order.

There's also the option to go bankrupt but that needs careful thought and you'll need formal advice. https://www.gov.uk/bankruptcy/your-home

**Sunnyday** · 11th October 2018, 17:30:PM

Hi, thanks for your reply. The property is joint tenants with a paid off mortgage in joint names.
I assume it is now to late to make any changes to this.
No children at property. His hand main income provider with only 3 years to retirement. I think there is enough equity in the property but couldn't afford to borrow over 3years,.or an acceptable installment offer over 3years.
No instalments was discussed in summing up, so I assume payment forthwith.
it is a family dispute and a lot of bitterness by claiment, so not expecting any negotiations on offer unless happy with satisfaction from been awarded judgment.
I belive the the judgement holder can apply to make me bankrupt if desires.

When can I apply to the court for installments, before or after speaking to judgement holder ?

one of the amounts included in the judgement I dispute the value of and considering asking it be looked at again crossed referenced with my evidence, the judge had allowed for the claim to be added days before the trial also i dispute the claimants legal fees which I had not seen prior to the trial, the judge did allow me 10minutes view his copy. (Both parties had been defending themselves and I had not received copies of all the documents in to court).
Ididnt feel comfortable raising the issue when given the opportunity to speak and felt intimidated by claimants supporters been present. I'm assuming I have lost the chance to ask the court to consider again.

The whole situation has been very stressful and needs concluding so torn about appealing to part of the judgement. The judgement was given on probabilities.

Enforcement of sale of property