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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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When I divorced 7 years ago, I agreed that my ex-husband could

Customer Question

When I divorced 7 years ago, I agreed that my ex-husband could stay in the property but give me my share of it under certain circumstances, such as if he remarried etc. The end date for him to give me my share is June 2016. The charge on the property states he needs to give me 20% of the equity. He is claiming that he cannot afford this as selling the house is not an option in his view.
Where do I stand if he does not fulfill the order?
Many thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Was a formal court order made regarding the sale of the property?
If a formal court order was made for a sale to take place in June 2016, then he is bound by the order and a sale must take place. If he does not comply with the order then you will be able to seek enforcement of the order under form D11 to the family court that made the order.
Please let me know if you have any further questions regarding this.
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** a formal order was made in the court. It doesn't necessarily state he has to sell the house but he must give me my share of 20% of the equity. Your answer is very helpful and I will proceed with further action now.
Expert:  Harris replied 1 year ago.
Good luck and please do come back if you have further questions.