Enforcement of Sale

[AMariaR]

I have a property with an ex partner who is not paying the mortgage and is now having a detrimental effect on my credit rating. I have been advised I can enforce the sale of the property in the circumstances, however I can't seem to find the relevant documents online, can someone point me in the right direction so I can download the forms, and briefly explain the process and potential associated costs?

Regards, Chris

[jen78]

It can be done but it can be an expensive process as it's done by court order meaning you'd have to go through the court process to get there. There would obviously be court fees and timescales to abide by.

Pop and see your local CAB office and see if they would be willing to guide you through the process and help you represent yourself to keep costs down.

Is there anyway you can make mortgage payments or come to some kind of agreement with the mortgage company for paying them back?

If you do make payments, just make sure you keep proper records of any payments made and correspondence with the lenders so it can be used when it comes to sorting out any proceeds of sale.

[Ethel]

It is not overly expensive - it is an Order of Division and Sale, (or Action for Division and Sale) and the court very rarely refuses it unless the occupant needs that house for specific purposes such as it has been adapted for disability; or if children live in the house and the absent owner doesn't desperately need the equity.

I doubt the forms are available for download, I suggest you see a solicitor.