Urgent application for order for sale

[chrissie_g]

I need to apply for an urgent order for sale of a property I own jointly. I live in the property and finance it; other owner moved out years ago and has been very difficult. Now we have a buyer they refuse to sell, hence urgency. I have been advised that I will be granted an order no problem as it is straightforward decision. 

To which court should I issue the application? I know it has to be a county court but which one is best for an urgent application?  I am in the North West/ Manchester area.

Thanks 

 

[Kerry Chan]

Hi @chrissie_g

It is not clear to me why you have been advised that an order for sale would be straightforward, particularly given that it's a discretionary remedy and a hearing would be needed.

In any event, since an order for salecomes  after a charging order (which is about a judgment debt), the court that you need to go through would be the same court that you obtained such charging order.  If you do not have a charging order from the court, it is not clear to me what grounds you would rely on to obtain an order for sale.

For the avoidance of doubt, the above (a) does not constitute legal advice (and no lawyer-client relationship is formed in any way) and (b) is set out for your reference only.

Kerry