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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 a divorce clean break order 2009 in which I was

Customer Question

Hi I have a divorce clean break order 2009 in which I was given right to remain in matrimonial home until Sept 2016 with my 3 dependants. My ex is in debt and has children under a child protection order as I am a alcoholic . My ex has asked me to sign consent order selling the home now. I am a recovering alcoholic I need my home otherwise I will be homeless do I have sign the consent order or can I defend it even though the children not with me. I do see children at my home so do need the home as stability.
My hearing is 19th Feb they say I will have to attend, I agreed verbally to sign the consent order for sale but did not take legal advice and my ex lawyers say I a=now bound to sign it so they going to court. What are my rights?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How much is the house worth and how much is outstanding on the mortgage?
How old are the children?
Clare
Customer: replied 2 years ago.

Clare no mortgage children 9 and 6 eldest 19 just need to know if I can me forced to sell house as kids not with me but I am recovering from addiction .

Expert:  Clare replied 2 years ago.
Hi
What was meant to happen in 2016
Clare
Customer: replied 2 years ago.

The matrimonial home was to be sold not 2016 sorry but 2017 in Sept and proceeds split 50:50 conduct of sale to be joint.

Expert:  Clare replied 2 years ago.
Hi
What is the housing situation of your ex?
Clare
Customer: replied 2 years ago.

He is living with his girl friend in a flat where he has custody of my children, he has not worked for now 9 months he used to work at BT where I did for 25 years his girl friend was my best friend at BT. He has got himself into debt his girl friend also in debt of 30k they say they need to sell the house where I am to clear the debt, they using fact that they have custody now to say I don't need my home but I do I am a recovering alcoholic. His solicitor keep ringing me to sign the consent order I am taking medication under pressure I agreed in Dec 2014 but I never signed the consent order so it never went to court but now they sent the consent order to court with £1000 costs.

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth ( you did tell me there was no mortgage)
Clare
Customer: replied 2 years ago.

House is worth 95k no mortgage hope you can help the hearing if opposed is directions hearing I just don't wants their costs place on me

Expert:  Clare replied 2 years ago.
Hi
At the time you gave your verbal agreement to the sale had you had any legal advice?
Clare
Customer: replied 2 years ago.

No i had no legal advice my ex solicitor kept calling me she wrote to solicitor of 2009 who called me said book appointment i cannot afford it i am on benefits .but his solicitors says I have had advice I am on anti depressants too which dont help me think clearly

Expert:  Clare replied 2 years ago.
Hi
There are two issues here.
They are arguing that the verbal consent you gave can be enforced.
Given that you were on medication, given the nature of your problems and the fact that you did not have independent legal advice I do not think that the Court would agree that the verbal consent was sufficient - so a letter from your doctor confirming the mediation and from the solicitor confirming they did not see you will ensure that no Order for Costs will be made
The second issue is whether the court will order the sale.
This is less clear as you would need to show that you would not be able to rehouse yourself with your share of the proceeds of sale
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare the judge said the order cannot be varied I think mentioned I had to submit authority and no costs were awarded. I have looked up Barder Barder case which states the parameters in which an orde can be varied I think its time barred. so I am hoping court will kick out the application to have property sold

Expert:  Clare replied 2 years ago.
Hi
You mean they did not succeed and have been sent away to think again?
Clare
Customer: replied 2 years ago.

Yes Claire the judge was not impressed at their attempt to vary the order great news I have been asked to present authorities but I will email the applicants solicitors and see given the view of the judge if they still want go ahead great outcome !!

Expert:  Clare replied 2 years ago.
Hi
I am very pleased for you
Clare