Do You Need an Order for Sale?
The need for an order for sale depends on two things: Are there disagreements over who owns the property? Are there disagreements over when the property is to be sold?
When is the property going to be sold?
This is the main reason that an Order for Sale is going to be needed. This question comes up most of the time when there is a major break up between the owners of the property and only one of them ends up living in it. Naturally this results in the other owner being unhappy and wanting the property to be sold so they can move on with their lives.
So if you want to release your investment in the property, then you will need an Order for Sale in this situation. Other situations are less common but all have one common factor which is a stubborn person who will refuse to sell the property. If there is no good reason to refuse the sale of the property then the courts will force the sale. They will only refuse the application for an Order for Sale if the person living in the property has nowhere else to go or there is a child living in the property as a court will not force a child to move (as it could cause much stress and harm to the child, possibly also forcing them to move schools).
Who Owns the Property?
If there are disputes over who owns the property then an Order for Sale can also be used. Whenever a property is bought by more than one person then a “Trust” will be created. This trust will state how much each person owns, however, trusts can be created without fully considering its consequences in the future. If you buy your first house with your partner then you will of course be excited but this can lead to it being purchased in the heat of romance and without the trust being property considered.
When an Order for Sale is sent to the courts they have the power to force the sale of the house, and also the power to vary how the proceeds of the sale will be split. So if the Trust is unfair then you should apply for an Order for Sale.
They will base their decisions on how the proceeds should be split on many factors, such as any work that has been done to improve the value of the house, how much each person contributed to its purchase and the reason that the property was purchased.