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Jointly owned property that partner refuses to allow me to sell following a spli

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  • Jointly owned property that partner refuses to allow me to sell following a spli

    I own a property with my partner purchased jointly 10 years ago. We are splitting up and he wishes to retain the property. Obviously I want him to agree the full market price for the property that two estate agents have valued at £360k. My partner wishes to pay only 320k a figure I find completely unacceptable. I would leave with half the value agreed less of course the joint mortgage.
    I now want to put the property for sale but he will not readily agree to that.
    What rights or options do I have please. Thanks for reading
    Tags: None

  • #2
    I assume no children are involved.
    You have the right to insist on a sale, and a court will start by wanting to order a sale. You obtain an order under the Trustss of Land and Appointment of trustees Act 1996(?). Point out to him that when he is so clearly in the wrong, the costs of getting the order will likely come out of his share.
    Be careful though about the costs of a dispute which can and will escalate quickly.

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    • #3
      I agree. And yes, 1996.
      Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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      • #4
        DS, thanks for your reply. Is this a process I can reasonably do myself. As the end result is so clear I’m assuming it should be straightforward although probably slow given the courts workload.

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        • #5
          Do not underestimate the distance between what you understand now and where you would have to be to succeed.
          As a solicitor retired now over ten years, I would employ a solicitor.

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