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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a query regarding decree absolute/matrimonial

Resolved Question:

Hi
I have a query regarding decree absolute/matrimonial house sale, Can any one help?
Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, yes of course - what is the issue?
Customer: replied 1 year ago.
Hi
I have had a court hearing regarding my divorce and final agreement was made, Out of which selling matrimonial home is one.which is ok for both of us. My solicitor says that we both can get decree absolute 4 weeks from now, and the MFH can be advertised to sell right now. He is currently living in the house. I am paying part of mortgage + renting outside, reason why I will look forward to selling it quickly. What can I do if he makes it difficult to sell the house, especially after he gets his decree absolute? Is there a way that he will not get decree absolute until the house gets sold?
Thank you.
Expert:  Harris replied 1 year ago.
Thanks for confirming. When was the Decree Nisi granted? The petitioner will be able to apply for Decree Absolute after 6 weeks from the granting of Decree Nisi, and the respondent can apply after 3 months of Decree Nisi. The financial order should have said something along the lines of "upon decree absolute being granted..." and then the financial orders including sale of the home. Who has conduct of the sale and choosing/instructing estate agents - is it just him or both of you? If he does not comply with the order or starts delaying the settlement, then you will need to return the matter to court for enforcement.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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