Hi
I'm helping a friend lodge a claim at county court. She intends to ask the court for an 'order of sale' of her jointly owned property and that she is also given 'sole conduct' of the sale.
This is the history:
I've already helped her with background stuff, ie, changing the Land Registry to Tenants in Common. She has attended Mediation in order to get her ex-partner (they never married) to agree to the sale or buy her out. He refused point blank and is making her life very difficult. She has been given a form from Mediation which allows her to make her application to the court. Background history includes lots of mental abuse /control (plus some physical abuse) - plenty of evidence from women's aid and GP etc to back this up. Last four years of the relationship she spent sleeping in a box room/junk storage room. She has two grown up children, one at work and the other one at college. For the past 10 months my friend has been sofa surfing at my house whilst trying to get ex to come to an agreement. Unfortunately the man is incredibly stubborn and won't buy her out or sell. Obviously she needs a place of her own as both of her children would like to stay with her. The house is owned 50/50 and there is no mortgage. My friend just needs her money so she can get on with her life with her children but he is still enjoying playing games. If he wanted to he could buy her out using his savings. She is a low earner so can't possibly buy him out.
Now, I'm looking at form N208 but I am unsure what information to put down in details of the claim.
Under details of the Claim, should I state that the 'claimant seeks an order from the court for the sale of the house and the sale to be conducted by the claimant' (correct wording would be appreciated?). Would I then go on to summarize the history mentioned above?
Assuming the above is correct, the next steps would be for my friend to swear a statement of truth and for the claim, along with paper evidence of the history to be lodged with the court? Evidence would be GP letters, hospital letters and certificate from mediation.
Really grateful if someone could let me know if I've got the above correct, if not - can anyone offer any advice?
BTW, friend can not afford a solicitor.
Many thanks for your help.
SweetandSour
I'm helping a friend lodge a claim at county court. She intends to ask the court for an 'order of sale' of her jointly owned property and that she is also given 'sole conduct' of the sale.
This is the history:
I've already helped her with background stuff, ie, changing the Land Registry to Tenants in Common. She has attended Mediation in order to get her ex-partner (they never married) to agree to the sale or buy her out. He refused point blank and is making her life very difficult. She has been given a form from Mediation which allows her to make her application to the court. Background history includes lots of mental abuse /control (plus some physical abuse) - plenty of evidence from women's aid and GP etc to back this up. Last four years of the relationship she spent sleeping in a box room/junk storage room. She has two grown up children, one at work and the other one at college. For the past 10 months my friend has been sofa surfing at my house whilst trying to get ex to come to an agreement. Unfortunately the man is incredibly stubborn and won't buy her out or sell. Obviously she needs a place of her own as both of her children would like to stay with her. The house is owned 50/50 and there is no mortgage. My friend just needs her money so she can get on with her life with her children but he is still enjoying playing games. If he wanted to he could buy her out using his savings. She is a low earner so can't possibly buy him out.
Now, I'm looking at form N208 but I am unsure what information to put down in details of the claim.
Under details of the Claim, should I state that the 'claimant seeks an order from the court for the sale of the house and the sale to be conducted by the claimant' (correct wording would be appreciated?). Would I then go on to summarize the history mentioned above?
Assuming the above is correct, the next steps would be for my friend to swear a statement of truth and for the claim, along with paper evidence of the history to be lodged with the court? Evidence would be GP letters, hospital letters and certificate from mediation.
Really grateful if someone could let me know if I've got the above correct, if not - can anyone offer any advice?
BTW, friend can not afford a solicitor.
Many thanks for your help.
SweetandSour
Help on Information for Claim Form CPR Part 8
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