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Child Maintenance-Debt-Forced to sell???

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  • Child Maintenance-Debt-Forced to sell???

    May I introduce myself. My name is Spencer and i looking for help and advice with regards
    to a family member. The named family member is officially divorced from his ex wife, he has a quarter share in a property, two siblings and his mother hold the remaining quarter shares in the same property, the property is owned outright. The property already has a charge applied with regards to an outstanding debt related to the named party. The named family member now has a request to pay an outstanding value for child maintenance. All parties that own equal share in the property have now received a letter requesting that all outstanding monies owed for child maintenance must be paid within 28 days or an order will be applied for at court requesting that the property be sold and the outstanding debt be paid with the proceeds of the sale. The property value is estimated at 120k, £30k share each. The named party’s charge on the property is estimated at £10k and the child maintenance value is £11k. Can the court force the sale of the house? Can the other legal owners of the property stop this potential forced sale? Thank you so much for reading my thread.
    Tags: None

  • #2
    Interesting. Starting point is that the other owners are not responsible for the debt, and your legal ownership of 25% does not mean that your beneficial ownership is 25%, it is zero. Reason- your beneficial ownership on the open market is zero, as no stranger would buy a 25% beneficial interest in a house.

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    • #3
      Might be worth posting up the letter.

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