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Hello
Here is some background info on the situation. I am helping my sister in law to force the sale of her former home. She purchased the house with her Ex 17 years ago but they never married. She funded the 25% deposit and the balance was paid for by joint mortgage. She was the main earner, low wages but in excess of 60 hours per wek. Ex worked but worked minimal hours on low rate. Relationship became abusive, and she left with debts of 20k stemmed from the house. Two and a half years on, he is still refusing to sell, wont allow her access to the property and she is struggling with minimum payments on all of the debts. She desperately needs the money out of the house. She did not receive any advice regarding shares of the house and hence it is owned 50/50!
I am trying to complete Form N1, the Claim is to order 1, for house to be sold, 2, claim legal costs, 3, claim costs and interest on outstanding debts which can't be settled until house is sold (the debts all stem from the jointly owned house) 4, Order to Vary Ownership Percentages, 5, Claim rent for her share of property.
Brief details of the Claim. Do I write down Tolata CPR 1998, Part 7 and then list the 5 points I have outlined?
Particulars of Claim.
Is it acceptable to write this:
Parties purchased property 2002, Applicant vacated property 2016. Defendant is refusing to sell and is causing financial distress and hardship to applicant. And, then state Full particulars of claim to follow?
By sending in the full particulars later, I can get full sight of all the interest costs she has incurred. I understand she is paying out some £300 per month which is made up of interest and capital. She can't afford to buy decent food, clothes or get her car fixed.
She has offered to mediate but he refused and he wont even allow her access to the house. She is scared of him. As she can't afford a solicitor I am helping her. Once this gets to court I would hope that I can lend her some money to get a barrister and hopefully, the court will order him to reimburse those costs.
Grateful for any help or pointers. Also, just one other thing, LBA has been done and also the Tenancy has been severed.
Here is some background info on the situation. I am helping my sister in law to force the sale of her former home. She purchased the house with her Ex 17 years ago but they never married. She funded the 25% deposit and the balance was paid for by joint mortgage. She was the main earner, low wages but in excess of 60 hours per wek. Ex worked but worked minimal hours on low rate. Relationship became abusive, and she left with debts of 20k stemmed from the house. Two and a half years on, he is still refusing to sell, wont allow her access to the property and she is struggling with minimum payments on all of the debts. She desperately needs the money out of the house. She did not receive any advice regarding shares of the house and hence it is owned 50/50!
I am trying to complete Form N1, the Claim is to order 1, for house to be sold, 2, claim legal costs, 3, claim costs and interest on outstanding debts which can't be settled until house is sold (the debts all stem from the jointly owned house) 4, Order to Vary Ownership Percentages, 5, Claim rent for her share of property.
Brief details of the Claim. Do I write down Tolata CPR 1998, Part 7 and then list the 5 points I have outlined?
Particulars of Claim.
Is it acceptable to write this:
Parties purchased property 2002, Applicant vacated property 2016. Defendant is refusing to sell and is causing financial distress and hardship to applicant. And, then state Full particulars of claim to follow?
By sending in the full particulars later, I can get full sight of all the interest costs she has incurred. I understand she is paying out some £300 per month which is made up of interest and capital. She can't afford to buy decent food, clothes or get her car fixed.
She has offered to mediate but he refused and he wont even allow her access to the house. She is scared of him. As she can't afford a solicitor I am helping her. Once this gets to court I would hope that I can lend her some money to get a barrister and hopefully, the court will order him to reimburse those costs.
Grateful for any help or pointers. Also, just one other thing, LBA has been done and also the Tenancy has been severed.
