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Thread: Joint Ownership problems...court next?

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  1. #1
    myotai's Avatar


    Sep 2014
    0 Post(s)

    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!!


  2. #2
    Joanna C's Avatar

    Authorised Solicitor

    Mar 2010
    96 Post(s)

    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 specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email Our initial advice is always free.

    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 on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at

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