An Order for Sale of property is used primarily when there are disputes over jointly owned property. This happens more than you might think. The Order will allow the property to be sold, and therefore releasing the investment that the owners have in it.
The most common time that an order for sale is used is when a couple separates. If you and your partner decide to split but he or she wants to remain living in the property that you jointly own. You may want the house to be sold so that you can move on from your previous life with the money that you invested in it. Your partner probably wont want to sell the house, they are getting to live freely in your share of the property after all! What you will need is an application for a Court Order for Sale of Property.
If property is owned by two or more people than a trust for the land will be created. In our scenario the terms of the trust were not fully considered and are still uncertain. Many properties are bought in the heat of romance so the owners never considered the long term effects of owning a property together if the relationship ended. Courts have the option of attaching shares to the order for sale if the trust deed and the ownership of the property is not fully considered.
These applications are made under the “S14 of the Trusts of Land and Appointment of Trustees Act 1996.”
What will the courts consider?
However, you are not guaranteed an Order for Sale. A court will consider many factors when deciding if one should be made or not. These factors include:
· The reason the property was purchased
· The welfare of any child living in the property
· The use of the property for family residence
· The options of any resident if the house is sold.
Orders for Sale and Children
An Order for Sale will face much opposition if there are children involved. The court will be very hesitant to grant the order if there is a child living in the house. Courts will always put the welfare of the children first. Moving a child out of their home will never be taken lightly and the decision will not be made quickly. It will most certainly be refused if it will mean that the child will have to move schools as well. British law as a rule will always try to refuse orders regarding children, and interfearing with the development of a child.