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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 have court order dated 22/08/07 stating that my ex wife has

Resolved Question:

I have court order dated 22/08/07 stating that my ex wife has to give me 40% of the equity in our house once our daughter leaves full time education or she remarries/cohabits/dies etc.
Our daughter left f/t education June 2010 but went to Uni so I didn't pursue it. She finished Uni in June 2013 and moved back in with her mum so again I left it. Our daughter has now moved out to her own place and my ex now lives in our house on her own. How do I get her to honour the court order? I've tried contacting her but she will not engage with me. If I have to go back to court will I have to pay again? I can't really afford big solicitor bills again as it cost me a fortune to get this court order last time.
Regards Damian
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.
Have you written a formal letter requesting the sale?
How long ago?
Clare
Customer: replied 3 years ago.
No I haven't written to her requesting a sale. I have emailed her asking what her intentions are. She doesn't have to sell she could borrow to pay me off but I doubt she can afford to do that as she resigned from her job last summer, took a redundancy payment and now works part time. She has also run up several large debts with Northern Rock and credit cards. I have left her alone for the sake of our daughter but now need to try and sort this out. Are you saying I need to write to her rather than emailing her?
Expert:  Clare replied 3 years ago.
Hi
Your starting point is a formal letter reminding her of the terms of the order
Give her a list of three Estate Agents and suggest that she either selects one and you will both abide by the valuation - or that she arranges for all three to value to the property and you go with the middle figure.
Give her 56 days to arrange this and state that if she does not do so then you will apply to the court to enforce the Order by way of an Order for her to vacate the property so that you can deal with the marketing
You do this using a Form D11
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Hi Clare thanks for your advice. I don't suppose you know how much it will cost and whether the costs can be passed on to my ex as it is her who is refusing to abide by the court order.
Damian
Expert:  Clare replied 3 years ago.
Hi
The issue fee if you do it yourself is £95 - and yes you can claim the costs from her
Clare
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