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Can Object to Order of Sale

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bayobello | 13:13 Thu 06th May 2010 | Law
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We have been divorced for over 5 years and we have a property we jointly owned. My ex has always been distant from any thing to with house I have been paying mortgage alone. About 2 months ago I received a letter from solicitor informing us that they will be putting a charge on the property which they have done (I was informed that only my ex-partner's share will be affected on sale of the house).

Now, they are considering applying for an order for sale application. Please can anyone assist me on my rights i.e. where I stand because I do not wish to sell. I live in the property alone and it is my home.

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You say the house was jointly owned. Is that still the case? If it is, then your ex cannot (so far as I know) put a charge on it. He is already a joint owner & the charge would not give him any additional rights/benefits.

Is it possible that the charge has been put on by a company or person that he owes money to, & that it is them who are going for an order for sale?

Either way, you must not ignore this. You need to get your own legal advice & make sure you go to Court when the order for sale application is heard. You should have received papers asking whether you object to the order being made - make sure you (or your solicitor) do object in writing in advance of the hearing.
If the debt is in your ex's name then it is only his share that is affected.

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