If you cannot agree with your co-owner of property about selling the property you can make a claim for an order for sale.
If the court makes the order, you will have the power to sell the property. An order giving a date for possession is normally made at the same time.
The rules for enforcing a charging order by sale of the property are contained in Civil Procedure Rule 73.10 and Practice Direction 73.
You (the claimant) must complete and submit a claim on N208 form for an order for possession and sale. There are guidance notes on this webpage. The claim is issued by the co-owners (defendant’s) nearest County Court hearing centre.
The particulars of claim must include:
- a copy of the charging order or other evidence of the claimant’s financial interest in the property
- the sum of outstanding debt
- details of any prior first and second charges on the property
- the estimated sale price
- a witness statement setting out who is in possession of the property and their circumstances, to the best of the claimant’s knowledge
For residential property, the particulars of claim must also state whether the following have been registered against the property:
- a land charge of class F, or
- a notice under s.31 Family Law Act 1996
- Part 8 Civil Procedure Rules applies to the claim.
If the order for sale is granted, the court has the discretion to make an order giving a date for possession at the same time. This enables the property to be sold with vacant possession.
Your co-owner (the defendant) can ask the court to attach conditions such as:
- a postponement of the date for possession and sale until a specified future date
- a suspension of the order on terms
- a minimum sale price or other requirements regarding the sale
The court may also dismiss the claim or adjourn it for a fixed period.
Last Updated on May 1, 2026 by Ashford Advice