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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34474
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 signed a consent order.1. The matrimonial home should

Customer Question

I signed a consent order.

1. The matrimonial home should be sold for a minimum agreed fee.

2. All contents are to become my possessions.

I can now raise the mortgage to buy my wife out for the full value agreed at court but she is insisting that it is sold. My wife has not lived at the property for some time as she resides with her new partner. She herself does not wish to buy me out.

With regard to the contents, on undertaking an iventory post signing there are a number of high value items missing including my personal belognings. The missing items my wife is refusing to return so I belive has instucted her solicitor at the court in bad faith by not disclosing the removal of these items.

I Have writen four times to my wife's solicitor last month regarding these matters but they have not responded.

XXXXX XXXXX.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Order made/
What offers have been received on the property to date?
Clare
Customer: replied 3 years ago.

The order was made 6.12.13.

An offer of £265,000 was made and I have matched the offer in full.

I can scan it over to you if you wish.
Expert:  Clare replied 3 years ago.
Hi
May I ask why you were not able to make this offer at the time the Order was made?
Clare
Customer: replied 3 years ago.
I had not secured my mortgage offer at the time but I was clear with my wife's solicitor that I was pursuing this prior to the court hearing and on the day of the hearing.
My wife does not live in the property, has no wish to reside there and has no wish to buy me out. She just does not want me toe to live there even though she is living with a new partner and has cut all social ties with our local areA.
Expert:  Clare replied 3 years ago.
Hi
What a lovely lady,!
Is the property currently on the market or have you withdrawn it?
Clare
Customer: replied 3 years ago.
Hi the house is not on the market but a couple only known to my wife wants to buy the property for £ 265,000 a price that I have fully matched.

I am now locked out of the house so the conveyancing cannot be undertaken for the building society which would take 30 mins to do.
Expert:  Clare replied 3 years ago.
Hi
Why are you locked out?
Clare
Customer: replied 3 years ago.
My wife does not wish the valuation of the house to be completed so I can finalise the transfer of equity. I arrived at the empty house to find she has changed the lock. As I advised, she has not resided at the house for more than a year, has removed all of her personal times, set up home elsewhere and has cut all ties to friends etc.

Can I scan the consent order to you to tomorrow. I need an answer ASAP to the question I have asked.

I have formally complained to Wright Hassall law firm for their refusal to respond to my correspondence and I have written to the District Judge Jones at Coventry court citing the issues of missing furniture and my wife's refusal to accept the equity transfer.
Expert:  Clare replied 3 years ago.
Hi
In that case you can simply break in - you are a joint owner and are entitled to do so
Writing to the Judge has no force I am afraid.
If you wish to vary the Order then you have to apply to the court on a form D11 in order to do so
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
With regard to the contents I fear that there is little that can be done as you were unwise to allow that wording to be used rather than using a list
I hope that this is of assistance - please ask if you need further details
Clare