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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34124
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 was divorced July 2013 and when the final break order was

Customer Question

I was divorced July 2013 and when the final break order was granted it stated that the family home was to be sold and the equity split 50/50.I have been reasonable and gave her 9 months as she wanted to buy me out.Now she cannot raise the money and is now refusing to sign the estate agents papers for it to go up for sale.She still will have the opportunity to by the house without any estte agents fees before the house is sold if the money can be raised.Where do I stand legally on this situation?
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you.
Since there is an order I shall assume that there are no minor children involved to complicate matters.
The crucial issue is the exact wording of the Order for Sale.
If the Order was made in July then it has to be said that two months is not actually long when it comes to taking action.
However if the order says Forthwith then there is no reason why you cannot return to the Court using a Form D11 and asking the court to
1. Appoint the Chosen Estate Agents
2. Set the selling price
You can do this yourself and the fee is £95.
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

The order was made on 9th July 2012.The wording of the order says the house is to be sold at a price we both agree and the resulting equity split equally between myself and my x wife.


 

Expert:  Clare replied 3 years ago.
Hi
AHHH that makes more sense (2012 not 2013)
In that case go straight for the D11!
Claire

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