House: Forced Sale when Partner is MIA

ShadeRunner · 13-07-2019 2:24pm #1

Hi

Good friend *has* a solicitor appointment lined up, but is hoping for insight/tips from anyone who has been through this experience?

Broadstrokes:

- Couple for 10+ years.
- Co-own property currently being rented by long term tenant.
- Acrimonious split (court case for assault etc.).
- Accused left country with no known forwarding address/contact since.
- Defendant would like to sell co-owned property.
- Cannot afford to "buy out" accused share.
- Would like to release their mortgage share via sale in current sellers market.

They're hoping to pursue the forced sale of the property, but are wary of time/cost of doing so.

Any advice, tips or comments from people that have been through a similar experience? Is it worth it? Or is it better to sit back and let the mortgage term (10yrs) run out?

Thanks in advance as always!

Claw Hammer · 17-07-2019 11:01am

Better to let things run. Getting a tenant out for sale purposes can be difficult and expensive. Getting the court order needed for the sale will also be expensive and difficult. If the property is empty for any significant period during the sales process there will be a strain paying the mortgage. Much easier to deal with it when the loan is paid off

ShadeRunner · 17-07-2019 1:02pm

Thanks Claw Hammer ... Probably akin to "how long is a piece of string" but any estimate on the time/cost the process takes?

Claw Hammer · 17-07-2019 2:18pm

A lot depends on where in the country the house is. It could be up to 2 years in some parts of the country.

Seve OB · 17-07-2019 2:20pm

Claw Hammer wrote: »

A lot depends on where in the country the house is. It could be up to 2 years in some parts of the country.

why would a legal decision be any different regarding the location of the house?

Claw Hammer · 17-07-2019 2:23pm

Seve OB wrote: »

why would a legal decision be any different regarding the location of the house?

The decision shouldn't be different but the case will run in the Circuit Court. The Civil Circuit Court system varies in speed depending on the Circuit and in some cases, the county within the Circuit.

ShadeRunner · 17-07-2019 11:12pm

Thanks for the help all.

Peregrinus · 18-07-2019 1:27am

The first hurdle here is not getting the tenant out. (In fact, that might turn out to be be relatively straightforward. Many tenants agree to leave when invited to do so; only a small minority of cases end up in courts or tribunals.)

No, the hurdle will be getting the order for the sale of the house. The court will be reluctant to deal with this separately from the wider issues surrounding the marriage breakup and associated property settlement, and they will be reluctant to deal with these while the other spouse is out of the jurisdiction, and not participating in, and conceivably not even aware of, the proceedings.

Step one, if it can be managed, is to locate the absent partner so that proceedings can be served on them. The court takes a very different view of the matter when the other party has been served with proceedings, and so knows about them, but chooses not to participate.

I'd leave the tenant in the house (assuming they continue to pay rent, etc) until getting an order for sale of the house.

randomrb · 18-07-2019 9:41am

I echo what has been said above, if there is no terms of seperation and the other party has no knowledge it would be almost impossible to get a court to order the sale.

You need to go and try and serve documents to begin separation proceedings on her.

Claw Hammer · 18-07-2019 9:43am

Most likely there would have to be an order for substituted service based on reports of attempting to locate the other co-owner.

Tow · 18-07-2019 10:56am

I have paper work included with my house deeds, where the first owners husband went AWOL and the wife wanted the house transferred to her name. My understanding is these should have never been included in the deeds. But an interesting point is she had a letter from her husband's parents supporting the transfer and stating they had no contact with him. I also know of other cases where the spouse gets on very well with former errant partner's parents, so this could be an option open to her.

randomrb · 18-07-2019 11:15am

Tow wrote: »

I have paper work included with my house deeds, where the first owners husband went AWOL and the wife wanted the house transferred to her name. My understanding is these should have never been included in the deeds. But an interesting point is she had a letter from her husband's parents supporting the transfer and stating they had no contact with him. I also know of other cases where the spouse gets on very well with former errant partner's parents, so this could be an option open to her.

In this day and age its hard to make the argument that there is no possible way to contact someone. There have been substituted service applications allowing serving by email and even facebook message.

ShadeRunner · 18-07-2019 2:00pm

randomrb wrote: »

In this day and age its hard to make the argument that there is no possible way to contact someone. There have been substituted service applications allowing serving by email and even facebook message.

This has been the first advised step in the process: sending signed registered snail mail to the last known address outlining their intention to sell, creating a paper trail whereby attempts were made to contact the other party.

Great feedback everyone, really helps, cheers!

House: Forced Sale when Partner is MIA

Comments