In response to the increasing challenge of Coronavirus and in light of rapidly evolving advice, Tozers has taken steps to ensure that we continue to provide you with our usual client service whilst also maintaining the safety of our clients and colleagues. Please see our full update here.

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

Can I Be Forced to Sell a Jointly Owned House?

Posted on 29th January 2019 in Family Law

Posted by

Aimee Aspinall

Chartered Legal Executive
Can I Be Forced to Sell a Jointly Owned House?

Whether you are married or in a cohabiting relationship, if you jointly own a property then there are steps that your spouse or partner can take to force the sale of your home.

If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.

There are factors to which the court will have regarded when deciding whether to make an Order for sale, the most important of which relate to whether the property provides a home for the children of the family.

Unless there is sufficient equity in the home to enable both parties to rehouse themselves and the children, it is unlikely that a Court will order an immediate sale of that home and the court may defer the sale in order to preserve the children’s home. In some cases, a sale may be deferred for a short period while in other cases it may be appropriate to defer the sale until the youngest child is 18 years old. Every case will be decided on its own distinct facts.

If you need any advice regarding a matter like this, then please do not hesitate to get in touch with our experienced team of family law solicitors.

Contact our Family Law Experts

Company & Industry

Related Insights

Insights

What will happen to my business after I die?

Posted on 20th May 2020 in Later Life Planning

If you run your company by yourself, perhaps as a sole director and shareholder, your hard work in building up your business will have cost you many hours of time and sleepless nights. But have you set up your company in such a way to allow it to keep trading after your death?

Posted by

Rachael Morley

Associate and Solicitor
Insights

Why you should think about putting in place a Lasting Power of Attorney for health and care decisions

Posted on 14th May 2020 in Later Life Planning

The experience of caring for and seeing a parent or other loved one suffer for a prolonged period in the final stages of life, even when the grief has passed, causes many individuals to want their journey to be managed differently.

Posted by

Lucy Lamb

Solicitor