How to sell a house when one partner refuses at the end of a relationship

We often receive enquiries from clients when a relationship breaks down between two unmarried people and one party wants to sell the jointly owned property and the other doesn’t, or vice versa. Some clients feel that there is nothing that can be done and that they are alone; that’s not true and we can step in.

What can we do?
Boys & Maughan litigation partner, Matt Champ, has a vast wealth of experience of applying for orders for sale on terms that are favourable to our clients, so the money and a fair outcome can be realised.

Indeed, this is one of the reasons that Matt has been personally recommended by the Legal 500, a guide naming the best lawyers and solicitors practices, in recognition of his property litigation expertise. Matt has also developed lasting working relationships with specialist counsel in the City and in Kent, so is able to provide a full service to clients in this area.

The benefit of applying for an order is that control is taken away from the partner who may be using the property as a way to take revenge on the other party, who is often the individual who has ended the relationship. Additionally, the stress is transferred to us, your lawyers, and we will manage the process for you from start to finish.

Matt also has considerable experience resisting such applications and so can act for you regardless of what side of the dispute you are on.

How much does it cost?
Matt soon realised that clients often do not have the funds that they need to issue court proceedings and obtain their interest from the property. In an effort to remedy this unfairness, Matt has championed the use of deferred payment agreements to provide access to justice to clients who otherwise couldn’t afford it.

This means that you do not pay for our services until the property in question is sold. Our fees are then deducted from the proceeds of sale directly.

Matt explains: “Relationship breakdowns can be distressing, particularly when property is involved. Hopefully, an agreement can be reached but if it can’t it is essential that people realise there is help out there.

“I devised the deferred payment agreements that we use to make sure that clients in these circumstances can access the legal system. It never sat comfortably with me that people who clearly had a case could not obtain justice because they could not find funds for legal fees because their money is often tied up within the property. It was a chicken and egg situation.

“Our entering into such an agreement is a commitment by myself to the case. There are not many firms out there that would work under such an agreement but I pride myself on obtaining what my clients are entitled to. That is what makes it all worth it.”

If you would like to discuss your case with Matt Champ and whether a deferred payment agreement is suitable for you, please contact Matt on 01843 234000 or email him.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.