In What Circumstances Can You Force the Sale of a Property?

When it comes to property ownership, especially in cases of joint ownership, disputes can arise that may require legal intervention to resolve. In certain situations, it becomes necessary to force the sale of a property. Here’s a comprehensive look at when and how this can occur in England and Wales.

1. Joint Ownership Disputes

When property is co-owned, disagreements can surface, often due to differing plans for the property’s future. If the co-owners cannot agree, one party can apply to the court for an “Order for Sale” under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). This becomes particularly relevant during relationship breakdowns or changes in financial circumstances. Note that when children are resident in the property in question that the courts will see their interests as paramount. More information on this topic can be found in our blog here. 

2. Matrimonial and Civil Partnership Breakdowns

In cases of divorce or dissolution of civil partnerships, courts can order the sale of jointly-owned property to fairly divide marital assets. Family courts consider factors such as the welfare of any children involved and financial needs of both parties before making a decision. Further information on Property Adjustment Orders can be found on our blog here.

3. Bankruptcy and Insolvency

When an individual is declared bankrupt, their assets, including property, may be sold to repay creditors. A trustee in bankruptcy may apply to the court for an order to sell any property the bankrupt individual owns.

4. Failure to Meet Mortgage Obligations

If a property owner consistently fails to meet mortgage payments, lenders can initiate repossession proceedings. Once the lender has a possession order, they can usually sell the property to recover the outstanding debt.

5. Disputes Involving Beneficial Ownership

Sometimes, property might be legally owned by one person but beneficially owned by another, causing conflicts. In such cases, courts can intervene to determine the rightful ownership and potentially order a sale to resolve disputes.

Legal Process and Implications

While the prospect of a forced sale might seem daunting, the courts carefully assess each case based on legal guidelines and personal circumstances of the parties involved especially when children are involved. It’s essential for individuals to seek legal advice if they face potential disputes over property sales. Understanding your legal rights and obligations can help navigate through complex scenarios effectively.

Conclusion

Forcing the sale of a property in England and Wales is a legal avenue available under specific circumstances, often requiring court intervention. Whether it’s due to a co-ownership dispute, divorce, bankruptcy or mortgage default, understanding the legal landscape is crucial for anyone involved in such matters. Always consider consulting with a legal professional to explore your options and protect your interests.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 1st April 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here