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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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There, I have a question regarding family matters. Following

Resolved Question:

Hi there,
I have a question regarding family matters.
Following our separation/divorce since October 2010, my ex wife chose to stay in our family home where she resides with our 2 children (age 9 & 14) as she is their legal guardian.
In July 2012, we agreed (the ex & me) to draw a consent order in front of the judge which was then signed by both parties at a solicitor's office. A legal bidding document.
Currently, she is in breach of one of the terms of the consent order.
As mentioned above, she is allowed to stay at our family home until the earliest of the following:
1) Her death
2) She re-marries
3) She permanently cohabits with another partner
4) When our youngest child reaches 18 years of age.
For about a year or more, her new partner has permanently moved into the property which in theory should allow me to push for the sell of the property.
So my questions are as follow:
1) How can I legally prove to a Court/Judge (what evidences needs to be produced!) that her partner has permanently moved in. The children live with him so there is no denying, however the ex will try her best to do so.
2) what are the steps to take or procedures to follow through Court to push for the sale of the property.
Hope you can help
Many thanks
Franck
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.
Does her partner receive post at the property?
Clare
Customer: replied 2 years ago.

I don't know but will investigate.

Thank you

Franck

Expert:  Clare replied 2 years ago.
Hi
Do you know if he owns or rents a property elsewhere?
Clare
Customer: replied 2 years ago.

Hi

No idea, but i will try to find out.

Thanks

Franck

Expert:  Clare replied 2 years ago.
Hi
What do you know about her new partner?
is he there every night?
Clare
Customer: replied 2 years ago.

I know what he does for a living and some basic information.

I know he lives there permanently because my children share the same house and I see my children every week.

I haven't been going to the house myself in the last 6 month but prior to that every time I went he was there. On several occasions he was the one opening the door to me.

A few times when calling my by phone to speak to my son, he has answered the phone himself.

I also know that he leaves to house early to go to work and use the bus stop just outside the house.

Thanks

Franck

Expert:  Clare replied 2 years ago.
Hi
Have you challenged your ex on this?
Clare
Customer: replied 2 years ago.

No I haven't, because I don't want to alarm her yet in case she covers her back and erase any evidences or deny it.

Do you think that I should challenge her on this !

Thanks

Franck

Expert:  Clare replied 2 years ago.
Hi
Your starting point is to commission an enquiry agent to identify what address this man is using.
Hopefully there is some record of his living there and you can then simply write to her and request your money
If he cannot find that evidence then it is a matter of what other evidence you can discover
Once you have the evidence then you write to your ex and if she ignores that you apply to the court on a D11 to enforce the order
I hope that this is of assistance - please ask if you need further details
Clare
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