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Forced House Sale

Forced House Sale
September 11, 2023 08:09PM
Help please.

- Divorced in 2018 with Consent order
- House sale 50-50
- I live in the property and covering all the mortgage
- No idea where Ex is - we are not on speaking terms. I have her email address and that's about it and she does not reply. Last I heard that she was in Greece but cannot be sure
- Don't have any mutual friends and contacting each other families is not an option

- I REALLY NEED TO SELL THE PROPERTY BUT NEED HER CONSENT AS SHE IS THE CO-OWNER AND HOLDS 50%. I have sent her numerous emails and no response. I don't even know if she is even alive.
- How do I get an order from court to force sell the property when I don't know even where the co-owner is? what are my next steps?

I have a family emergency of my own (meaning I have to resign my job soon) and can't afford to pay mortgage anymore. So I need to try and get rid of this property asap.
Re: Forced House Sale
September 12, 2023 09:17AM
If the court order provides for the sale of the property then that order can be enforced. If necessary a District Judge will sign documents on your ex wife's behalf if she will not co-operate. The process is not quick because the court will need to be satisfied that every effort has been made to contact her and/or that she has been given the opportunity to sign the documents but in the last resort a judge can sign the papers. This does not happen automatically. A proper application has to be made to the court in due form and the required court fee paid etc.
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