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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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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Good afternoonHow long does it take to enforce a court

Resolved Question:

Good afternoon
How long does it take to enforce a court order through the courts to remove an ex husband so the property can be sold?
As part of the divorce settlement a court order was applied to sell the property at an agreed price by both parties. A purchaser was found and price agreed.
The ex husband is refusing property offered by the council and therefore the purchaser of the matrimonial home is about to withdraw. The only option is to enforce the court order.
Thank you *****
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?
Clare
Customer: replied 3 years ago.

Good morning Clare

I am the son-in-law trying to broker the deal primarily representing the female in this.

The order was made at the point of divorce around Feb 2011. The order stated that the property was to be sold and the proceeds split 60/40%. It has taken this long to find a buyer. However a buyer was found and both parties agreed the price. At that point the husband was still occupying the home and agreed to find alternative accommodation believing that the local council would automatically find him a property to fulfil his every need! I managed to speed up this process by attending meetings etc and the council duly offerered accommodation which was turned down by the husband.

It looks like we will lose the buyer and incur costs. To prevent this happening again as the husband is " sitting pretty" we would like to enforce the court order and have the husband removed for the property. You advice and timings would be appreciated.

Kind regards

Mike

Expert:  Clare replied 3 years ago.
Hi
The application is made to the Court on a D11
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
and the fee is £95.
You are asking for an Order that
he vacates the property
she has the conduct of the sale
He pays the costs of the lost sale
he pays the costs of the application
It should take between four and eight weeks - and you must keep the evidence that he was offered alternative accommodation
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you Clare

Can I do this myself or do I need a solicitor?

regards

Mike

Expert:  Clare replied 3 years ago.
Hi
Your mother in law can indeed do it herself - with your support of course
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Clare

Kind regards

Mike