Under What Circumstances Can You Force a House Sale in the UK?

Contents 

• What is a forced sale of a house?
• How to force the sale of a house
• Potential outcomes
• How much does it cost to force a house sale?
• Can my wife force the sale of our house?
• ‘Buying out’ a joint owner
• Can the council force the sale of property?
• How long does it take to force the sale of property?
• Final words
• FAQs
• Further reading

If you’re a joint owner of a property, there might come a time when you would like to sell. However, this is not always straightforward, particularly if you are trying to sell a jointly owned property when the other parties involved are unwilling to co-operate.

In this situation, you may wonder, ‘can you be forced to sell a jointly owned property?’ The whole thing can become even more frustrating when there are time pressures, such as needing a lump sum quickly.

For many property owners, the need to sell might arise due to financial urgency, and they may ask ‘how long does it take to force the sale of a house in the UK?’ Then there’s the cost of legal proceedings which can lead to questions like ‘how much does it cost to force the sale of a house in the UK?’ and ‘who pays legal fees in a forced house sale?’

So, if the other owner(s) are unwilling to sell, and you’re lying awake at night thinking ‘can I sell my house if my ex doesn’t want to?’, or ‘can a beneficiary force a sale of property?’ or even ‘can the UK government force you to sell your house?’, this guide is for you.

I’m Dan Green and I’ll answer all of these questions and more so that together we’ll explore the issues associated with forcing a property sale in the UK.

Okay, let’s get started…

What is a forced sale of a house?

A forced sale of a house in the UK occurs when one party legally compels the sale of a property, often without the voluntary agreement of all joint owners. This situation typically happens in cases where joint owners cannot reach a mutual decision on the sale of the property.

For example, if you own a property with a partner or family member who refuses to sell, and you want to release your share of the equity, you may need to seek legal action to force the sale. In many cases, ‘can you be forced to sell a jointly owned property?’ becomes a key question when conflicts arise.

Forcing a sale means going through the courts to obtain an ‘Order for Sale’. This court-issued order legally obliges all parties involved to sell the property, regardless of their willingness. The process is most common in divorce cases or where joint ownership exists and the relationship between owners has broken down. It can also occur if a beneficiary of a will wants to liquidate their inherited share of a property; prompting the question, ‘can a beneficiary force a sale of property?’

In cases where one party refuses to sell, the court can intervene. Typically, the party wishing to force the sale must demonstrate that it is reasonable and fair. For example, they might argue that the other joint owner cannot afford to buy out their share, leaving no option but to sell. The court will assess whether there is sufficient equity in the property, whether dependents (such as children) live in the home, and how the sale will affect all parties involved. This complex process can be time-consuming, but I’ll cover this later on in the section ‘How long does it take to force the sale of property?’

It’s worth noting that this process is not limited to personal relationships. If a property has been used as collateral for a loan and the borrower defaults, creditors may apply for a Charging Order followed by an Order for Sale in order to recover their losses. And this brings me onto another question; ‘Can the UK government force you to sell your house?’

Whilst it’s rare, local authorities may enforce a Compulsory Purchase Order (CPO) to acquire property for public use, such as infrastructure projects (think HS2).

In summary, a forced sale in the UK involves legal intervention to sell a jointly owned or secured property without all owners’ consent. The process can be lengthy and costly, but I’ll go into detail in the section ‘How much does it cost to force a house sale?’ and I’ll return to the question of who pays legal fees in forced house sale situations throughout the article.

Now that’s just a quick overview, so I’m going to dig deeper and explain these points more thoroughly… 

How to force the sale of a house

We’ll go through the standard process of forcing a property sale via the County or High Court and explain the possible outcomes.

Order for Sale

In the UK, a court of law must issue an ‘Order for Sale’ before one joint-owner of a property can sell it without the consent of the other owners named on the Land Registry. This legal route becomes necessary when joint owners cannot agree on the sale, so to address the question ‘can you be forced to sell a jointly owned property?’, the brief answer is ‘yes’, but only through a formal court order.

An Order for Sale is most commonly sought during divorce proceedings, where separating partners cannot come to an agreement about their home or other jointly-owned assets. If one partner wishes to sell, but the other refuses, they may apply to the court for an order compelling the sale. This process often arises when one party needs access to their share of the property’s equity, and the other party cannot afford to buy them out. So, ‘can I sell my house if my ex doesn’t want to?’ Yes, but only if you secure an Order for Sale through the court system.

Now, it’s not just personal relationships that can lead to an Order for Sale. Homeowners may need to apply for such an order if they want to sell a property but require the mortgage lender’s consent, which has been withheld.

Lenders can also use this process if they cannot achieve a Part 55 Possession Claim under the Civil Procedure Rules to repossess a property when a borrower defaults.

Creditors may also apply for a charging order if your property has been used as collateral and you’ve breached the terms of a financial contract. If successful, the creditor can apply for an Order for Sale to recover their losses.

Furthermore, an Order for Sale can be used by the trustee in bankruptcy cases. If you declare bankruptcy, any property you own may be subject to sale to repay creditors. An Order for Sale ensures that all joint owners, creditors, or other involved parties must comply with the court’s decision, whether they agree with it or not.

While this can provide a legal solution to disputes over property, the process is often complex, and outcomes are not guaranteed. Depending on the specific case, the court may rule in favour of the sale or reject the claim, considering factors such as the presence of dependents or whether forcing the sale would result in significant financial hardship.

The legal process surrounding an Order for Sale can be lengthy and expensive, prompting many to ask ‘how long does it take to force the sale of a house in the UK?’. I’ll come back to this soon…

To apply for an Order for Sale, the claimant can either instruct a solicitor to handle the application on their behalf or file the necessary paperwork directly with the County Court by completing form N208.

This form is the starting point for the legal proceedings, and the process can take time and incur costs, which makes it essential to consider ‘how much does it cost to force the sale of a house in the UK?’ and think about how long the process might last. If the amount being claimed exceeds £30,000, which is the County Court’s claim limit, the case will need to be referred to the High Court instead.

It’s important to note that there must be sufficient equity in the property for the court to grant an Order for Sale. If the property is in negative equity or there is very little value left after paying off any outstanding mortgage, the court may decide that forcing a sale is not viable. In cases like this, homeowners may need to seek alternative arrangements.

As with most legal proceedings, it’s crucial to consider who will bear the cost. In many cases, the court may decide who pays legal fees in a forced house sale, and typically the losing party will be responsible for some or all of the legal expenses.

In conclusion, while it is possible to force a house sale in the UK, the process involves legal intervention and can be time-consuming and costly. Whether you’re in a personal dispute over joint ownership, dealing with a lender, or trying to settle an inheritance, an Order for Sale may be the solution, but it’s essential to prepare for the costs, the time involved, and the potential legal complexities.

Potential outcomes

As I just touched on, a court hearing resulting from an application of this kind will not necessarily find in the claimants’ favour. In fact, a range of outcomes are possible. Here, we’ll run through all the potential results of an Order for Sale.

Refusal of sale

If you are attempting to force a house sale through an Order for Sale, it’s important to be prepared for the possibility that the court may reject your claim. There are several factors that could lead to a refusal, and the court will carefully consider interests of all parties before making a decision. While it may be frustrating, especially when a property sale feels like the only way forward, understanding the reasons for refusal is important.

One of the most common reasons for a refusal is when the court determines that one party would be unfairly impacted by the sale. For instance, if the forced sale of a house would leave one joint-owner in a precarious financial or living situation, the court may reject the application. This is especially relevant in cases where one party cannot afford alternative accommodation, or where the sale would result in significant financial loss. This raises concerns about fairness and whether forcing a sale is truly in the best interest of all involved.

Another crucial consideration is whether there are dependents living in the property. If children or other dependents live in the house, the court will assess whether their quality of life would suffer as a result of the sale. In such cases, the court may decide that maintaining stability for dependents is more important than liquidating the property, especially if the dependent’s well-being would be adversely affected by relocating. This can be a major factor in situations where separated or divorcing couples share ownership of a family home.

Additionally, the court may refuse the sale if there is insufficient equity in the property, or worse, if the property is in negative equity. Negative equity occurs when the outstanding mortgage exceeds the current market value of the property. In these circumstances, forcing a sale would not provide any meaningful financial benefit, and the court may deem the process unnecessary or impractical. Before applying for an Order for Sale, it is wise to ensure that the property holds enough value to cover both the mortgage and the costs of the sale, including legal fees. The legal process can be expensive, and a lack of equity could mean that the costs outweigh the benefits.

Moreover, the court may assess the broader circumstances surrounding the request for a sale. For example, if the forced sale would have long-term detrimental effects on one party’s financial situation, the court might reject the order so as to protect their interests. This can occur in cases where one party may be forced to sell their home but would struggle to re-enter the property market.

In summary, while forcing a house sale is a legal option, it is not guaranteed. The court must carefully balance the rights and needs of all parties involved, ensuring that no one is unfairly disadvantaged. Being aware of the potential for refusal and understanding the reasons behind it can help you prepare more effectively for the legal process.

Refusal of sale with regulated right to occupancy

In some cases, while the court may decline an Order for Sale, it could instead impose a regulated right to occupancy. This means the court will adjust the living arrangements without forcing a sale, striking a balance that protects the interests of both parties. Essentially, instead of ordering the property to be sold outright, the court may decide that altering the terms of occupancy is a more appropriate and fair solution.

A regulated right to occupancy allows the court to enforce, control, restrict, or revise the rights of one or more party to live in the property. This option is often chosen when forcing a sale would cause undue hardship, but changes to who can live in the home could provide a workable compromise. For example, the court might grant one party the right to remain in the property for a set period of time, especially if they have dependents, while placing restrictions on the other party’s ability to occupy or take possession of the property during that time. This can be a practical outcome, particularly when the needs of children or vulnerable adults need to be considered.

The court may also set conditions to ensure that the arrangement is equitable. For instance, if one party is allowed to remain in the home, they may be required to contribute towards the mortgage or maintain the property in a certain condition. Such regulations aim to ensure that while one party retains occupancy, the other is not unfairly disadvantaged, particularly in cases where joint financial responsibilities exist.

This approach is particularly common in cases of separation or divorce, where the court must balance the competing interests of both parties. If selling the property would leave one party in financial distress or unable to find suitable alternative housing, the court may find that regulating occupancy is the more suitable course of action. For example, if children are involved, the court may allow the primary caregiver to remain in the property until the children reach a certain age; delaying any forced sale. This helps ensure that the dependents’ living arrangements remain stable, while addressing the question of who pays legal fees in forced house sale situations at a later stage.

By regulating occupancy instead of forcing an immediate sale, the court may also be providing more time for one party to explore other financial options, such as buying out the other owner’s share or refinancing the property. This can be especially relevant in cases where one party is asking ‘can I sell my house if my ex doesn’t want to?’, and the court decides that allowing one party to remain in the home under regulated conditions is a fairer solution than an outright sale.

Ultimately, the court’s decision to regulate occupancy is aimed at achieving a more balanced and practical outcome, ensuring that the rights and needs of all parties involved are respected without the immediate disruption of a forced sale.

Sale granted

A ‘sale granted’ occurs when the court finds sufficient grounds to approve the Order for Sale, determining that neither party – nor any dependents – will be unfairly impacted by the forced sale. This decision is typically reached after the court has thoroughly examined all aspects of the case, including the financial situation of both parties, the welfare of any dependents, and the overall equity in the property.

For a court to approve an Order for Sale, there must be a compelling reason, such as the inability of one party to buy out the other’s share of the property, significant debt, or a breakdown of joint ownership that makes continued co-ownership untenable.

In some instances, the court may conclude that a forced sale is the most practical way to resolve the situation, especially if one party has applied to liquidate their share of the property and no alternative agreement can be reached. The ex-partner will be required to comply with the court’s decision.

Once the sale is granted, the court will usually set a possession date. This is the date by which the relevant party or parties must vacate the property, and it is typically scheduled several weeks or even months down the line. This allows sufficient time for the occupants to make alternative arrangements and ensures that the sale process can proceed in an orderly manner. The exact timing of the possession date will depend on the circumstances of the case, including whether dependents are involved, and the complexity of finding new accommodation. The court aims to ensure fairness and avoid sudden upheaval, particularly when children or vulnerable individuals are residing in the property.

It’s important to note that while the court may grant the sale, this doesn’t necessarily mean that the property will be sold immediately. In many cases, the actual sale process – including marketing the property, finding a buyer, and completing the legal requirements – may take time. Homeowners and their legal representatives must be prepared for this extended timeline, and might ask ‘how long does it take to force the sale of a house in the UK?’

The entire process, from applying for an Order for Sale to completing the sale, can span several months or even longer, depending on the complexity of the case and the property market.

Once the sale is granted though, the parties involved will need to determine who pays legal fees in forced house sale scenarios. Typically, the court will make a decision on how the costs should be distributed, which can depend on the specifics of the case and the outcome.

Overall, when the court grants a sale, the process moves towards final resolution, allowing one party to liquidate their share of the property. However, the court ensures that all parties have enough time to transition, aiming to balance the legal and personal needs of everyone involved.

Sale granted but suspended

In some instances, the court may grant the Order for Sale but suspend the actual sale and possession of the property until a later date. This is often done to ensure that the sale occurs under fair and equitable circumstances for all parties involved, particularly when there are dependents or other complex considerations.

A suspended sale might be ordered if the court determines that, while a sale is necessary, immediate possession would create undue hardship. For example, if children or dependents are living in the property, the court may decide that it is in their best interest to remain in the home for a period of time, particularly if moving would disrupt their education or well-being.

In such cases, the court may set a future possession date, such as when dependents reach the age of 18 years, or finish full-time education. This approach helps balance the legal rights of the owners with the practical realities faced by families, ensuring that dependents have the stability they need until a more appropriate time.

The concept of a suspended sale is designed to mitigate the impact of a forced sale, especially when one party’s financial or living situation may be disproportionately affected.

For example, if one party lacks the immediate means to relocate, a delayed possession date gives them more time to secure new housing or financial arrangements. This decision is also informed by the court’s desire to avoid sudden disruptions to living arrangements, which can be especially important when vulnerable individuals are involved.

During the suspension period, the court may impose certain conditions on the parties involved. For instance, the party who remains in the property may be required to cover certain costs related to the mortgage or maintenance of the home. These conditions ensure that while the sale is suspended, the responsibilities tied to homeownership are still fairly distributed. In some cases, the court may also regulate the use or occupation of the property during this time, making sure that the arrangement remains equitable for both parties.

Naturally, a suspended sale can significantly extend the timeline. While the sale is ultimately approved, the delayed possession date means that the actual sale might not occur for months or even years. This can provide much-needed flexibility for families, but it also requires careful financial planning.

As always, the question of who pays legal fees in forced house sale scenarios may arise. In the case of a suspended sale, the court may decide to allocate costs differently, depending on the circumstances of the case and the length of the suspension. It’s important for all parties to be aware of the potential financial obligations that may continue to be present throughout the suspension period.

In summary, a ‘sale granted but suspended’ allows the court to approve a sale while ensuring that vulnerable parties are not adversely impacted by an immediate move. This measured approach provides stability for dependents and others, allowing for a smoother transition when the final sale and possession of the property eventually take place.

Other options

In very rare cases, the court may explore alternative solutions to a forced sale; one of which being the physical partitioning of the property. This means that, rather than selling the property outright and dividing the proceeds, the court orders the property itself to be physically divided between the joint owners. However, this option is heavily dependent on the nature of the property and is typically only considered when the property can be easily and practically split.

For instance, if the property in question is a large estate or a multi-unit building, it may be feasible to partition it into separate, self-contained units, allowing each party to retain ownership of their portion. This option is far less common in standard residential homes, where physical partitioning may not be practical or financially viable. The court must assess whether such a division would be equitable and whether both parties can reasonably use their portion of the property without further conflict. It’s also essential to consider whether the partition would impact the property’s overall value.

While physical partitioning is rare, it might be an option when one party strongly opposes selling the property but is willing to live separately within a divided space. For example, in cases involving family disputes over inheritance, this approach may allow multiple beneficiaries to retain parts of the property; thus avoiding a forced sale while still resolving ownership issues. In these instances, a question such as ‘can a beneficiary force a sale of property?’ may lead to alternative solutions like partitioning, but only if it is feasible given the circumstances.

The court will carefully examine the property layout, local planning regulations, and the financial implications of partitioning before making a decision. In most cases, physical partitioning is only a viable option when the property is large enough to accommodate the division without significantly reducing its value or functionality.

If partitioning is deemed feasible, the court may also impose specific conditions to ensure that the division is fair and sustainable. These might include requirements for financial contributions towards maintenance or stipulations on how shared areas (such as gardens or driveways) will be used and maintained. This ensures that both parties continue to uphold their responsibilities and that conflicts over the shared property are minimised.

Although partitioning offers a potential resolution, it remains an uncommon route. Most forced sale cases involve the outright sale of the property and division of the proceeds, as this is generally the most straightforward and equitable solution. However, for those rare properties where physical division is possible, it can provide an alternative to a forced sale, allowing both parties to retain a share of the property while resolving the dispute.

In conclusion, while partitioning is rarely considered, it does at least represent a potential solution in cases where dividing the property physically makes sense. It’s an option that’s more likely to be explored in larger or more complex properties, but it remains heavily dependent on the specific circumstances of the case.

How much does it cost to force a house sale?

Before embarking on the process of forcing a house sale, it’s crucial to budget carefully to ensure you can cover all associated costs. The legal and court fees involved in obtaining an Order for Sale can vary significantly, depending on the complexity of the case, whether solicitors are involved, and how long the process takes. Understanding how much it costs to force the sale of a house in the UK is essential for anyone considering this route.

On average, the legal fees for forcing a house sale can range from £2,000 to £5,000. However, this is a general estimate, and the actual costs may be even higher if the case is particularly complicated or if it goes to a higher court. For example, if the value of the claim exceeds the £30,000 limit for County Court cases, the case may be referred to the High Court, which can significantly increase the costs. High Court proceedings typically involve more complex legal work and higher solicitor fees.

In addition to solicitor costs, there are court fees that need to be considered. The fee for submitting an Order for Sale application in the County Court starts at around £275, but this can increase if the case moves to higher courts. If the case requires multiple hearings or if one of the parties contests the sale, this can add further to the overall costs.

Another important consideration is the cost of legal representation. While it’s possible to represent yourself (known as ‘litigant in person’), most applicants choose to hire a solicitor to handle the process. This can add to the expense but also ensures that the legal complexities are properly managed.

If expert valuations or reports are required, for example, to determine the property’s market value or assess whether partitioning is a viable option, these costs will also need to be factored in. A professional valuation can range from £150 to £500, depending on the location and complexity of the property. These additional costs can add up quickly, so it’s important to prepare for them early on.

Another question to consider is ‘who pays legal fees in a forced house sale?’ Typically, the court will decide how the legal costs are distributed between the parties. In some situations, both parties may end up bearing their own costs. It’s essential to clarify this with your solicitor and ensure that you have the funds available to cover your portion of the fees, regardless of the outcome.

Finally, it’s worth noting that additional costs can arise if the sale is delayed or suspended, such as in cases where dependents are involved. If a sale is granted but postponed, ongoing legal fees may accumulate as the process continues.

In summary, the costs of forcing a house sale in the UK can be significant, and it’s essential to plan ahead and budget for solicitor fees, court costs, and any additional expenses that may arise. While forcing a sale can provide a solution to disputes over joint ownership, understanding the financial implications is critical to ensuring a smooth process.

As I’ve touched on, forcing the sale of a house in the UK involves various legal fees and expenses, which can range from £2,000 to £5,000 on average. However, the overall cost can be higher depending on the complexity of the case, whether there are disputes between the parties, and if the case requires multiple court hearings.

The main components of the cost include:

1. Court application fees: The initial fee for applying for an order for sale in the County Court is around £275. However, if the case exceeds the County Court’s claims limit of £30,000, it may need to be transferred to the High Court, where fees and legal representation costs can increase substantially.

2. Solicitor fees: Hiring a solicitor to handle your case typically accounts for the largest portion of the expense. Legal representation may cost anywhere from £1,000 to £3,500, depending on the level of work involved. For complex cases, particularly those involving disputes between joint owners, solicitor fees can rise further. It’s important to clarify upfront whether the solicitor charges a fixed fee or an hourly rate, as this can influence the final bill.

3. Valuation and expert reports: In some cases, the court may require a professional valuation of the property to assess its market value or determine if the property can be physically partitioned. Valuation reports can cost between £150 and £500, depending on the property’s location and size. These fees may add to the overall cost of the legal process.

4. Legal representation at court hearings: If the case involves multiple court hearings, the cost of legal representation can rise accordingly. More complex cases that require expert testimony or lengthy deliberations may push legal costs beyond the typical £5,000 estimate.

5. Additional fees for higher courts: If the case moves to the High Court due to the value of the claim or the complexity of the matter, the associated costs for legal representation and court proceedings will increase. The fees for High Court cases are generally higher, with the possibility of incurring more substantial legal fees.

While these figures provide a general estimate, it’s important to remember that each case is unique. Remember that often, the court may order the losing party to pay part or all of the legal fees incurred by the other party. However, in some instances, both parties might need to cover their own legal costs, especially if the court finds no clear ‘winner’ in the dispute.

In conclusion, while the typical cost of forcing the sale of a house in the UK may fall between £2,000 and £5,000, it’s essential to be prepared for higher costs if the case is complex or contested. Proper budgeting and understanding the likely legal fees can help you manage the process more effectively.

Can my wife force the sale of our house?

If you and your ex-spouse or civil partner jointly own a property and cannot reach an agreement for its sale, your ex-partner may apply to the court for an Order for Sale. This legal action would force the sale of the property, allowing both parties to access their share of the equity. If you are unwilling to buy them out or come to an alternative arrangement, the court can compel the sale, especially if the financial circumstances make it difficult to continue joint ownership.

Now, the question of ‘can I sell my house if my ex doesn’t want to?’ often comes up in this context. In cases where one party wants to sell and the other does not, the court will weigh-up the interests of both parties before making a decision. If the court deems that forcing the sale is the most practical solution, they will grant the Order for Sale.

However, there are alternatives to this. One common option is for one party to ‘buy out’ the other’s share of the property. This means refinancing the property in one person’s name, with the departing party receiving a sum that reflects their share of the home’s equity. If your ex-spouse is seeking a lump sum, but you are financially capable of taking on the mortgage independently, buying them out can be a practical way to avoid a forced sale.

To make this arrangement work, you may need to remortgage the property, either with your existing lender or by switching to a new product that better suits your needs. It’s essential to consider whether you’ll be subject to early repayment charges (ERC) or other fees, which could impact the cost of the buyout.

If the property is owned outright, without a mortgage, the process can be simpler. The party staying in the property may not need to secure financing, but will still need to provide the other party with their share of the equity. This could involve liquidating other assets or agreeing on a payment plan.

In some cases, the court may consider a division of assets approach, where the property remains with one party and the other receives alternative assets to offset their share. This method can avoid the disruption of selling the family home, particularly when children or dependents are involved. For example, one party might retain ownership of the property while the other is compensated.

It’s important to explore all options before going down the route of a forced sale, as these alternative arrangements can often be quicker, less stressful, and more financially beneficial for both parties. Additionally, legal and court fees associated with a forced sale can be costly, so finding an amicable solution can help save money in the long run.

In conclusion, while your ex-spouse can apply for an Order for Sale if you cannot reach an agreement, it’s worth considering alternatives such as a buyout or division of assets to resolve the matter more amicably.

‘Buying out’ a joint owner

If you and your ex-partner own a property jointly and one of you wishes to retain full ownership, one solution is to ‘buy out’ the other party’s share of the property. This process allows one owner to remain in the property while compensating the other for their share of the equity. If the property has a mortgage, this usually requires refinancing or taking out a new mortgage product. Understanding the options and financial implications of buying out a joint owner is important to making this process as smooth as possible.

If there is an existing mortgage on the property, the owner who wishes to stay will need to refinance the loan in their own name, or possibly remortgage with a different lender. This means the remaining owner takes on full responsibility for the mortgage payments.

Depending on the terms of the existing mortgage, this may trigger an Early Repayment Charge (ERC), which is a fee applied when a mortgage is paid off early or replaced with a new one. These charges can be significant, so it’s essential to review your mortgage terms carefully before proceeding with a buyout.

Another option is to remortgage the property, swapping the current mortgage for a different product that better fits your needs. This could involve switching to a new lender or renegotiating terms with the current lender. Remortgaging can also provide an opportunity to release equity from the property, which can be used to compensate the departing owner. When remortgaging, it’s important to consider factors such as interest rates, fees, and the overall affordability of the new loan.

The options available will depend heavily on the specific conditions of the current mortgage and the financial situation of the person who wishes to stay. Lenders will assess the individual’s ability to afford the mortgage on their own, taking into account income, credit history, and any other financial commitments. It’s also important to note that some lenders may have specific policies around buyouts, so it’s worth consulting with your lender or a financial advisor to explore all available avenues.

If the property is owned outright without a mortgage, the process of buying out a joint owner may seem more straightforward, as there’s no need to refinance an existing loan. However, the challenge remains in raising the funds to pay the other party their share of the equity. If the remaining owner does not have the money readily available, they may need to take out a mortgage or a loan in order to complete the buyout. In such cases, the individual will need to qualify for a mortgage on their own, based on their income and financial circumstances.

Alternatively, the owners may negotiate a payment plan where the departing party receives their share over time, rather than in a lump sum. This arrangement may help ease the financial burden on the remaining owner, but both parties will need to agree to the terms in writing, often with legal assistance.

It’s also worth considering the costs involved in the buyout process. In addition to any mortgage-related fees, you may also need to factor in legal costs, valuation fees, and potential stamp duty (if the value of the transaction exceeds the threshold). These costs can add up quickly, so it’s important to budget for them when considering a buyout.

In summary, buying out a joint owner is a practical solution for couples or co-owners who want to avoid the disruption of a forced sale. However, it requires careful planning, financial consideration, and potentially securing new financing to ensure the process will be successful.

Can the council force the sale of property?

Yes, in certain circumstances, local councils have the authority to force the sale of property, usually through a legal process known as a Compulsory Purchase Order (CPO). While forced sales are typically associated with private disputes between joint owners, there are instances where the government or a local authority can compel you to sell your property. This generally happens when the property or land is needed for public projects, such as regeneration schemes, infrastructure developments, or other initiatives that serve the broader community.

A CPO gives councils and other governmental bodies the power to acquire land or property without the owner’s consent, but only under specific conditions. For example, if your property stands in the way of a planned new road, housing development, or urban regeneration project, the local council may apply for a CPO to take control of the land.

Once a CPO is issued, property owners have the right to object. You can contest a CPO by appealing the decision, typically with the assistance of a solicitor or surveyor. You can argue that the property isn’t needed for the proposed project or that the project itself is unnecessary. Alternatively, rather than outright objection, you may choose to negotiate better terms for the sale. With professional guidance, you may be able to secure more favourable compensation or alternative relocation terms.

If a CPO is successful and the sale is enforced, the council or acquiring body must provide compensation to the property owner. Compensation usually includes the full market value of the property, as well as additional financial support for any relocation expenses, loss of income (if the property generates rental income), and other related costs. The compensation should reflect the financial impact of being forced to sell, including potential business disruption for commercial properties. For residential owners, compensation might cover legal fees, moving costs, and any financial losses tied to leaving the home.

It’s essential to know your rights if a CPO is issued against your property. Seeking early advice from solicitors and surveyors will help you to ensure that you are fairly compensated and fully aware of the process. These professionals can help you evaluate whether the CPO can be challenged and negotiate on your behalf to hopefully achieve a better outcome, should the sale be inevitable.

While a CPO may feel like an extreme measure, they are only used in specific circumstances where the public benefit of the project outweighs individual property rights. The council must provide clear justification for the CPO, and it must meet legal requirements to be valid. Even if you don’t object to the CPO, understanding the full value of your property and the additional compensation to which you are entitled is crucial for ensuring you are treated fairly.

In conclusion, while councils can force the sale of your property through a Compulsory Purchase Order, this process is tightly regulated, and you have the right to object or negotiate compensation. If you find yourself in this situation, professional legal and surveyor assistance is going to help you to protect your rights and secure the best possible outcome.

How long does it take to force the sale of property?

In the UK, the process of forcing the sale of a property through an Order for Sale can take several months, and in some cases, it may extend to a year and a half or even longer, depending on the complexity of the case. There are many factors that can influence the timeline, including the willingness of the parties to co-operate, the court’s availability, and whether there are any disputes that require multiple hearings or additional legal steps.

Once the application for an Order for Sale is submitted, it may take some time before the case is heard in court. The timeline for a court hearing can vary significantly, particularly if the case is handled in the County Court. Complex cases or those involving high-value properties may need to be escalated to the High Court, which can further delay proceedings.

If you’re wondering ‘how long does it take to force the sale of a house in the UK, it’s essential to be prepared for delays, especially if the other party contests the sale or if there are other legal complications.

As covered, the court will carefully review all relevant factors before making a decision, including the financial positions of the parties involved, the welfare of any dependents, and whether there are valid reasons to delay or refuse the sale. If the court grants the Order for Sale, the next step is to establish a possession date, which could be several weeks or months down the line, giving the occupants time to vacate the property.

However, in some cases, the court may grant the order but suspend the sale, particularly if there are children or dependents living in the property. In such instances, the court may delay the sale until the dependents reach a certain age or complete their education, which could result in a wait of several years before the property is sold. This is why, in some cases, the question of ‘how long does it take to force the sale of a house?’ may not have a straightforward answer. A suspended sale could mean that the final transaction might not occur for a considerable amount of time.

And, if the case involves disputes over valuations, refinancing, or negotiations between parties, the process can become even more protracted. It’s important to keep in mind that even after the court grants the Order for Sale, the actual process of selling the property – including marketing, finding a buyer, and completing the sale – can add additional months to the timeline.

This extended timeframe underscores the importance of being fully prepared for a potentially lengthy legal process. Before applying for an Order for Sale, it’s vital to be certain that this is the best and most practical solution for your situation. Legal action should not be taken lightly, especially considering the time and costs involved. The court process, combined with the actual sale of the property, can take far longer than many anticipate.

So, can someone force the sale of a house? Absolutely, if they have a strong enough case and can demonstrate valid grounds to the court. However, the time it takes to achieve this outcome, and the overall cost, will vary depending on the specifics of each case. Patience and careful planning are essential for anyone pursuing this legal route.

Final words

I hope that this guide to forcing a property sale has provided you with the clarity you need to understand your legal options and make an informed decision. Navigating the process of forcing a sale can be complex, but with the right knowledge and professional support, you can take the necessary steps to move forward confidently.

If you’d like more information about how we can help with your property sale, contact us today.

FAQs

Forcing the sale of a property can be a complex and sometimes emotional process, especially when disputes arise between joint owners or legal matters become involved. I’ve answered some of the most common questions about forced house sales in the UK to help guide you through the key issues and provide clarity on your options.

Q: How much does it cost to force the sale of a house in the UK?
A: The legal fees involved in forcing a house sale typically range between £2,000 and £5,000, although this can vary depending on the complexity of the case. If the case is contested, or if it escalates to the High Court, costs can be higher. Fees include solicitor costs, court application fees, and potentially valuation or expert report costs. Additionally, it’s important to factor in who will bear the cost of the legal fees, as the court may decide that the losing party covers some or all of the expenses.

Q: How long does it take to force the sale of a house in the UK?
A: This is one of those ‘how long is a piece of string?’ questions. The timeline for forcing a house sale can vary, but it generally takes several months. In some cases, the process may stretch to over a year, depending on the complexity of the legal proceedings, whether there are disputes between the parties, and the court’s availability. If the court grants a sale but suspends it – for instance, to accommodate dependents living in the property – it may even take years before the final transaction is completed.

Q: Can you be forced to sell a jointly owned property?
A: Yes, if you jointly own a property and cannot come to an agreement about selling, one party can apply to the court for an Order for Sale. If the court approves the order, it will force the sale of the property. This is common in cases of divorce or separation where one party wants to sell the property to access their share of the equity, but the other party refuses. The court will assess all factors, including fairness and the financial circumstances of both parties, before making a decision.

Q: Can the UK government force you to sell your house?
A: Yes, in certain situations, the UK government or local councils can force you to sell your property through a Compulsory Purchase Order (CPO). This typically happens when the property is needed for public infrastructure projects or regeneration schemes. If a CPO is issued, the property owner has the right to object or negotiate better terms, including compensation for the property’s value and any additional costs, such as relocation.

Q: Can I sell my house if my ex doesn’t want to?
A: If you and your ex-partner jointly own the property, you cannot sell it without their consent unless you obtain a court order. If your ex refuses to agree to the sale and won’t buy you out, you can apply to the court for an Order for Sale. The court will review the situation and decide whether forcing the sale is the most appropriate solution. In some cases, alternatives such as ‘buying out’ your ex’s share of the property may be considered so as to avoid a forced sale.

Q: Can a beneficiary force a sale of property?
A: Yes, a beneficiary of a will may apply for an Order for Sale if they are entitled to a share of the property but other beneficiaries refuse to sell. The court will consider whether the sale is necessary to distribute the estate fairly and whether it is in the best interest of all parties. Inheritance disputes can complicate the process, so it’s advisable to seek legal advice if you find yourself in this situation.

Q: Who pays legal fees in a forced house sale?
A: The court typically decides who is responsible for the legal fees in a forced house sale. In some cases, the losing party may be ordered to cover the costs, but in others, each party may need to pay their own legal fees. It’s essential to budget for these expenses, as the total cost of forcing a sale can quickly add up, especially if the process involves multiple hearings or disputes.

Further reading 

For those looking for more info on the topic of forced house sales, we’ve compiled a list of useful resources. Whether you’re seeking legal advice, government guidelines, or help with financial planning, these websites can provide further support and information on property sales, legal processes, and homeowners’ rights in the UK.