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Hi,
Within a DOT (Declaration of Trust) that is in place between my cousin and her ex there is a clause:
"It is agreed between the Legal Owner and the Contributor that either of them may at any time serve notice on the other requiring the Property to be sold and following service of such notice both parties shall co-operate in and take all steps to achieve a sale of the Property within a reasonable time".
My cousin is the 'contributor' and her ex is the 'legal owner'. She has written (an email and a letter) to her partner asking for the property to be sold, and he has promised to speak to the current tenant to start proceedings but to date hasn't done anything to start this process, and has equally not provided a signed copy of the DOT despite having this in his possession. My cousin has an unsigned copy of the DOT in an email from the solicitor that originally drew this up but it is not complete as at this stage it was not signed.
The 'delays' seems to be very much against the wording of the DOT (legally binding document) and I was wondering what actions my cousin could take to hold her ex to account given that this was 3 months ago?
On the same note what happens if this is still the same situation after let's say i.e. a year, what are the repercussions for her ex given that she has made the request and he is not responding?
Any help would be much appreciated.
Within a DOT (Declaration of Trust) that is in place between my cousin and her ex there is a clause:
"It is agreed between the Legal Owner and the Contributor that either of them may at any time serve notice on the other requiring the Property to be sold and following service of such notice both parties shall co-operate in and take all steps to achieve a sale of the Property within a reasonable time".
My cousin is the 'contributor' and her ex is the 'legal owner'. She has written (an email and a letter) to her partner asking for the property to be sold, and he has promised to speak to the current tenant to start proceedings but to date hasn't done anything to start this process, and has equally not provided a signed copy of the DOT despite having this in his possession. My cousin has an unsigned copy of the DOT in an email from the solicitor that originally drew this up but it is not complete as at this stage it was not signed.
The 'delays' seems to be very much against the wording of the DOT (legally binding document) and I was wondering what actions my cousin could take to hold her ex to account given that this was 3 months ago?
On the same note what happens if this is still the same situation after let's say i.e. a year, what are the repercussions for her ex given that she has made the request and he is not responding?
Any help would be much appreciated.
