If a property is owned by more than one person then disputes can become very heated over what the life if the property will be. If one party wishes for the property to be sold and the other does not then the best option for the person who wants to get their investment out of the property is to make an application to the courts for an Order for Sale.
This method is often used when a married couple are getting a Divorce. For example, when the couple separated, the husband was forced to leave the house that he owns half of. The wife remains living there, with free use of her spouse’s share of the house. The husband would have to apply for an Order for Sale in order to get his proceeds from the house.
Disputes over Ownership
When a property is purchased by more than one person a trust will be made. This will say who owns what percentage of the property. However, it is not uncommon for the trust to be made and not completely considered. This is normally because it is not a romantic decision, and much of the time people buy houses in the heat of romance and do not consider the terms as they are still at the relative start of the relationship, which has now broken down.
The courts do have the power to vary property ownership during a divorce; this might come in useful to many people who are making the application for an Order for Sale.
When the courts receive an application for an Order for Sale then they will consider many aspects. Such as:
- What was the intended use of the property?
- Will a sale affect the welfare of any children involved in the relationship?
- How much was contributed to the purchase of the property?
If children are involved the courts are less likely to allow the order. They will not want to force a child to move home, and possibly schools. If possible the courts will always try to keep children out of court orders as it has been proved to disrupt their upbringing. A court will never make a quick decision when children are involved, in most aspects of the law.
If you want to make an order for sale or learn more than your best bet is to get professional advice. You do not need a solicitor to prepare the application for you, as it is a straight forward procedure, but it is best to check that you are not wasting your time if it is not going to be approved.