Property: Order of Sale

Raistlin · 25-09-2009, 06:53

Is anybody able to explain to me please what an 'Order of Sale' is with regards to property?

I've read some brief snippets, which seem to suggest that this can be used by one person with a legal interest in a property to force the other party (or parties) with a legal interest in a property to sell it.

Is this the case? How does it work? What needs to be done to get things moving? What are the issues/pitfalls with this approach?

Thanks.

lucy7 · 25-09-2009, 07:14

We have a property that another relative has a legal interest placed on it.
They have financial problems, so did not want to be fully included on the ownership title.
It does not mean they can force a sale, but gives them a sort of protection of their interest in it.

Solictor needed to advise on the correct advise, any on here?

Tinky · 25-09-2009, 07:35

Does this help Rob?

http://www.ned-cab.org.uk/debtselfhe...ingorder.shtml

Raistlin · 25-09-2009, 08:12

Thanks Lucy

Not sure that helps Tinky, that seems to refer to houses that have previously had a charging order applied - that's not the case here. The situation I'm thinking of would be two people who have an equal legal interest in the property (50:50), but where only one of those people wants to sell.

I had hoped that the order of sale would be the way forward, but from reading your link I'm now thinking that it might not be.

Thanks though

**Kymmy** · 25-09-2009, 08:40

Rob, Are the two joint owners married? have kids under 16?

Just that married/unmarried owners are counted differently and also if a child under 16 resides in the property then the sale can not be forced..

Anyway that's what I got from a quick internet search