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What happens when a court order to force a house sale is applied for?

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vanoptica | 12:18 Fri 08th Jul 2011 | Family & Relationships
4 Answers
Basic outline: Split with co-habiting ex. We both moved out leaving property jointly owned house empty as he insisted on selling, so I set it up, meeting all the costs (of which he owes me half).

He changed his mind and decided he wanted to rent. Again I set this up and met the cost (of which he owes me half). We have great tenants in, but now he wants to sell again!

So he wants the tenants out and is sending me a court order to force the sale. He has a CCJ against the house in his name for £10k and also has a property abroad and wants his solicitor to handle the house sale.

I am afraid he will disappear abroad with half the money, leaving me with the debt he accrued. I also have a CCJ ruled in my favour with money that he owes me from items of mine that he sold or disposed of.

It's a real mess and he owes me thousands, but I seem unlikely to get any of it back, especially if he flits to his property abroad.

Anyone know how these court orders to force a house sale work as he says I will be getting one soon. Will I have to pay costs and will I have the chance to go to court and put my side of the case??
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You'd have to go to court and put your side across. They don't just order the sale of a house on one party's say so.
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Thanks for that.....Any idea on the costs? He reckons I will have to pay, but I don't see why I should if he instigated it. But if they rule against me...?
At the moment, his solicitor only has his side of the story, and does not have full possession of the facts, hence me wanting to put my side.
Why not agree to sell the property rather an be forced to sell and risk being ordered to pay his legal costs? If there is a charging order on the property the money owed will be paid from his share of the equity before the rest of the money is paid out.
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I am in agreement to sell the house as long as he agrees to pay what he owes me out of the money, and we have someone other than his solicitor's firm to handle the sale. This is why I don't understand why he is forcing this. Nothing he does makes any sense. I have told both him and his solicitor this but they are not listening.

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