What that party must do in order to get proceeds for his or her share of the house is apply to a court for a “Order for Sale”
This is made even more complex when the owners of a jointly owned property are married. If they split up, and one party moves out of the house, then they can demand that the house is sold so that they can have their proceeds and move on with their lives. The other party can of course refuse and block the sale, in which case there is no choice but to apply for a Court Order for Sale of Property.
When property is owned by more than one person, a trust for the land will be created. More often than not, the terms of this trust will not have been properly considered which will leave problems further down the line. The property was bought in mad rushes of love at the start of the relationship, and the relationship has now gone sour. The court will have to step in, and make orders as to the division of the sale of proceeds if the ownership is not set out correctly in the trust.
Applications for Orders for Sale are made under Section 14 of the “trusts of land and appointment of trustees act 1996”
The court will consider a number of factors when they are granting an order for sale of property, such as:The reason that the property was purchased and the welfare of any children involved are very common considerations.
The best way to apply for a court order for the sale of property is to research them further and apply for it yourself. To do this you need to find a DIY law guide, there are several of these available online. These guides should explain the entitlements to the property, and what the court will take into account when they are deciding upon the terms of the order. Many of these guides will also look at the situations when you may apply to vary an order if a order has already been made and its terms are unfair.
Very often there will be unequal contribution to the property; this can result in obvious unfairness. A party may have been misled; the law will have to intervene to ensure justice.
These situations can become very expensive so you need to know as much about the law as possible to minimise the cost of lawyers and the time you spend chasing around courts. The best tool for research will be a DIY law guide.