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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am divorced and have finally received the Consent Order wherein

Customer Question

I am divorced and have finally received the Consent Order wherein it states that the family home is to be sold and states the split of assets etc. The problem being that since I moved out nearly four years ago my ex has done nothing in so far as maintaining the property or its surroundings. The property is a mobile home which is on a residential site and he pays nominal ground rent. There is no mortgage on the property. It is jointly owned and has been on the market for sale since I believe September. However the problem is that the garden is overgrown, the white UPVC windows are now green with mildew and rubbish is piling up in the garden. I believe that if anybody actually drove to the property to view it they would drive off immediately.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
Would you wish to take over the sale yourself?
Claire
Customer: replied 3 years ago.

Not particularly as it would presumably mean liasing with my ex who is very threatening and a bully. We have a 27 year old son who he has refused to speak to and in fact won't answer the door to, since I left.

Expert:  Clare replied 3 years ago.
Hi
Would you be willing to do it if your ex was made to leave?
Claire
Customer: replied 3 years ago.


Yes definitely. No problem at all.

Expert:  Clare replied 3 years ago.
Hi
Excellent
When was the order dated and what efforts have been made to sell the property so far?
Claire
Customer: replied 3 years ago.

I don't have the Order on me but the 17th January rings a bell. Because its a mobile home it has to be sold through the park on which it is sited. It is being advertised on their website and in the park office. My ex supplied photos which do not do the home any justice whatsoever. I am of the opinion he doesn't want the home sold as he will then have to find alternative rented accommodation which will cost him a lot more than he is paying now. I however have been paying full market price rent since leaving which seems extremely unfair.

Expert:  Clare replied 3 years ago.
Hi
Was this not discussed during the negotiations for the Order?
Claire
Customer: replied 3 years ago.


I was told that this had no bearing on the case. It was my decision to leave. However my main object now is just to get the property sold.

Expert:  Clare replied 3 years ago.
Hi
Are you willing to go and clear the garden?
Take new photographs?
Claire
Customer: replied 3 years ago.

So long as he is not at the property

Expert:  Clare replied 3 years ago.
Hi
It is too early to get an order forcing him to vacate the property because of his failure to properly market the property - more time needs to have passed before that is realistic.
You are however entitled to go to the property to work on the garden whether he is there or not so that it looks more attractive.
I am concerned that your solicitor did not discuss this potential problem with you and would suggest that you ask for an explanation of this.
If after say six months it becomes clear that your ex is actively preventing a sale you may need to apply to the court for an order forcing him to vacate so that you can handle the sale
Claire
Customer: replied 3 years ago.

I thought that would probably be the case. Many thanks for the advice. Three more queries if you don't mind:


1. If I apply for an order forcing him to vacate can a provision be included that if he trashes the property prior to vacation (which he is likely to do) that he pays for any damage out of his % due to him from the property ?


 


2. Although the mobile home is in joint names the owners of the site have said that they do not care who sells the property, and that both our signatures are not necessary. This obviously worries me considerably because if this is the case he could sell without my knowledge and pocket the proceeds. Any idea what the law is on this ?


 


3. After I left the matrimonial home my ex got my son to take out a personal loan to enable my ex to buy a car as he could not get credit and agreed to pay the instalments to my son each month to pay off the debt. The car is in my ex's name and although he made a few payments at the beginning, he has made no attempt to pay the money back since to my son but still has the car. I think we are talking around £7000 so quite a lot of money. My son has obviously made the repayments as its a personal loan and has attempted to contact his father on many occasions but he won't even answer the door to him now, let alone answer phone calls. Any ideas on how we can get him his money back. This was also something my solicitor said I could not include in the divorce proceedings.


 


Many thanks. I look forward to hearing from you.


 


Gill


 

Expert:  Clare replied 3 years ago.
Hi
1. This can certainly be dealt with as part of the Order - but make sure the wording is sound.
2.As I understand it if you are joint owners then joint signatures are necessary. If he does sell over your head you can sue him for the money - but it could be wiser to ensure that you build a good relationship with the site to avoid it happening
3.Your son should sue his father for the money using money claim online
www.moneyclaim.gov.uk/web/mcol/welcome
so that he can recover his money when the caravan is sold - or even take enforcement action against it which may assist you
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


I'm sorry but I forgot to ask do I still have the right to enter the home ?

Expert:  Clare replied 3 years ago.
Hi
What does the order say about this
Claire
Customer: replied 3 years ago.


It doesn't

Expert:  Clare replied 3 years ago.
Hi
Provided it does not say anywhere that he is entitled to exclusive occupancy then there is no reason why you should not return there
Claire
Customer: replied 3 years ago.


Many thanks. Not that I would want to anyway but there may be a reason why I have to in the future.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire

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