If former partners or co-owners cannot agree on what should happen to the home. An application can be made to the court to order a sale, often under trust law principles for unmarried couples, with the court balancing factors such as ownership shares, housing needs, and any children involved. While a sale can bring matters to a financial conclusion, it is a blunt remedy that may cause disruption and hardship. It is therefore essential to seek expert advice.
Hale Family Law are specialists in securing successful sale of properties and have wide experience in both applying for and defending such claims. If you require urgent advice, we are on hand at a time to suit you.
The court will consider a number of factors, including the parties’ original intentions, the purpose for which the property is held, and each party’s respective interests.
The welfare of any children living in the property is a significant consideration and can justify delaying a sale, though it will not necessarily prevent one indefinitely. The court will also take account of the practical consequences of a sale and the interests of any secured creditors. Ultimately, the exercise is a balancing one, and outcomes are highly fact-specific rather than automatic.
A sale can be forced where co-owners cannot agree what should happen to a property, or where one party is unreasonably refusing to cooperate. A solicitor can assess whether the legal threshold is met and advise on the most effective route to compel a sale, usually under the Trusts of Land and Appointment of Trustees Act 1996.
Applications to force a sale are technical and evidence-driven. A solicitor ensures the claim is properly framed, the correct legal test is applied, and the court is provided with clear, relevant evidence. Poorly prepared applications are routinely dismissed or delayed.
The court will consider matters such as the intentions of the parties when the property was acquired, the purpose for which the property is held, the interests of any children living there, and the position of secured creditors. A solicitor will focus the case on the factors that carry real weight.
Often, yes. A solicitor can apply pressure through formal correspondence, set out the legal position clearly, and negotiate from a position of strength. In many cases, the prospect of a properly prepared court application is enough to bring the other party to the table.
In most cases, it is. Delay, obstruction, and informal negotiation often increase costs rather than reduce them. A solicitor provides a clear strategy, keeps the process controlled, and maximises the prospects of a decisive outcome—avoiding prolonged dispute and unnecessary expense.
