How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year ago.

I don't know but will investigate.

Thank you

Franck

Expert:  Clare replied 1 year ago.
Hi
Do you know if he owns or rents a property elsewhere?
Clare
Customer: replied 1 year ago.

Hi

No idea, but i will try to find out.

Thanks

Franck

Expert:  Clare replied 1 year ago.
Hi
What do you know about her new partner?
is he there every night?
Clare
Customer: replied 1 year 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 1 year ago.
Hi
Have you challenged your ex on this?
Clare
Customer: replied 1 year 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 1 year 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
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters