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Thread: Joint Ownership problems...court next?

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  1. #1
    Join Date
    Sep 2014
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    Default Joint Ownership problems...court next?

    Hi everyone,

    I am aware that there is lots of stuff out there regarding this. But every case has its unique peculiarities eh?

    Joint owned. She left around 8 years ago.

    Not seen ex partner for 8 years over which period I paid the mortgage on the dot - never left the home

    I have since married and have a 3.5 child

    Mortgage company say they have no problem with me selling.

    I have tried everything bar telepathy to contact other owner as have mortgage company.

    Want to sell now as moving abroad.

    What are my options given she doesn't seem to want to respond to any form of communication?

    If it is the courts can I make an application (for whatever it is) myself?

    Thanks so much for you help!!

    M...

  2. #2
    Join Date
    Mar 2010
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    Default Re: Joint Ownership problems...court next?

    Under Section 14 Trusts of Land and Appointment of Trustees Act 1996 “any person which is a trustee of land or has an interest in property subject to a trust of land may make an application to the Court” … relating to the exercise by the trustee of any of their functions” and “declaring the nature and extent of a person’s interest in property”.
    The effect of Section 14 is that the owner of a property may apply to the Court for an Order for a declaration as to the extent of the parties’ individual ownership of the property and orders that the property be sold.
    I am a solicitor who specializes in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedents for creditors compliance with s.77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https/www.citizensadvice.org.uk

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