Order For Sale Of Property

[BianchiLomazzo]

My violent ex is taking me to court to order sale of our home.

 

To cut a long story short I was with the father to my four year old on and off over twenty three years in which the relationship was turbulent in that I suffered continuously with domestic violence both physically and mentally. I took out a molestation order against him in 2013 due to an assault against me and this lasted for twelve months. I currently have a joint mortgage with my ex and have resided in the property since the middle of 2007. My ex lived in the property on and off during this period and we officially separated in December 2011.

 

On the 15 March 2016 I received Claim form (CPR Part 8) which has gone outside the time limit due to being ill with a virus for the past month which a doctor has seen me for therefore I am applying for an extension to the court via EX160 form. I will also obtain a confirmation from my Doctor.

 

I am currently in the process of trying to obtain legal aid due to the the legal aid I had ending therefore I require some urgent advice on how to apply to the form attached.

[AndyOrch]

Hi BianchiLomazzo and Welcome to CAG

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy

[AndyOrch]

Orders for sale are commonly obtained by a co-owner of a property in circumstances in which one of the co-owners wishes to sell their property against the other co-owner’s wishes. Such orders are commonly obtained in circumstances in which the relationship between the co-owners’ has broken down and one party wishes to release their “equity” by selling their property. Such claims are brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

 

Pursuant to Section 14 of TOLATA “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 a property owner may apply to the Court for an Order that declares the extent of the parties’ individual ownership of the property and orders that the property be sold.

 

https://www.wrighthassall.co.uk/knowledge/legal-articles/2014/01/21/orders-sale-property-joint-ownership/

[BianchiLomazzo]

@Andyorch; Thank you Sir.

[BianchiLomazzo]

I want to obtain all my medical and domestic violence records to support my case above, how do I request these?

[steampowered]

That depends who holds the records. Your GP should be able to provide you with your medical records. I guess the police will be able to provide domestic violence records. The police/doctors will most likely have a data protection policy telling you how to do this, and you might have to pay a small fee.