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ophelia

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  • ophelia

    Hi I am trying to help my daughter resolve her problem with an ex partner and the property they jointly own. She wishes the house to be sold or one or other of them buy the others share, he refuses to respond to letters or emails asking about his intentions. I have been told it is possible to issue a CPR part 8 claim form would appreciate any advice please
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  • #2
    Actually issuing proceedings is a last resort. I would get a solicitor to write a suitably stern letter first. That may just jolt the partner into action. Unless you are fairly used to court proceedings, this is a fairly complex matter to handle yourself. Were you thinking of hiring a solicitor?

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    • #3
      Not sure of the best way to proceed we have an acquaintance who managed to force a sale herself by using the cpr part 8 claim form. My daughter does not live in the area, that is why we have said we will help. Have contacted a local solicitor who suggested the process may cost £20,000 that is why we thought of trying without a solicitor

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      • #4
        Originally posted by ophelia View Post
        Not sure of the best way to proceed we have an acquaintance who managed to force a sale herself by using the cpr part 8 claim form. My daughter does not live in the area, that is why we have said we will help. Have contacted a local solicitor who suggested the process may cost £20,000 that is why we thought of trying without a solicitor
        A suitably threatening solicitor's letter will only cost a small amount, and it may be enough. You can't just send in a claim form without warning, anyway.

        What you want is to wake the ex- up so he understands you are serious on this, and it is going to cost him loads of money if he keeps on stalling. To some extent, it helps to have a big estimate of costs from the solicitor, as the ex- needs to understand that he's going to get saddled with most of that unless he plays ball.

        I'm surprised at the cost of £20k being quoted, but it does indicate the solicitor is expecting to spend lots of hours on this - say 50 to 100 hours between him and the barrister. As you don't have the experience, it might take you several times as long, so weeks and weeks of work and research. Are you prepared for that? You don't just complete a form and forget about it.

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