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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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I divorced in 2014 in Oxford. Since then I live in Belgium.

Resolved Question:

I divorced in 2014 in Oxford. Since then I live in Belgium. In accordance with the Consent Order (CO), I own 95% of the former family house, still occupied by my ex-husband. A provision in the CO, interpreted by the letter by my ex-husband, makes me liable for all kinds of maintenance costs in the building, which leads to never ending demands for money and threats from my ex-husband's solicitor.
Can I challenge the CO or seek to amend it? Can I claim that the above provision should be revised or at least interpreted with a rule of reason? Presently, I would prefer to have the house sold.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please could you confirm exactly what it says in the consent order regarding the costs, as well as if there is any provision for the property to be sold?
Customer: replied 1 year ago.
quot;Repair and replacement of the household appliances contained in the former matrimonial home as necessary; maintenance and repair of the former matrimonail home as necessary".
The property shall not be sold without the prior written consent of both parties or further Order until the first to happen of the following events namely: death of the husband; parties shall agree in writing; or further order of the court".
My ex-husband is 78, and the CO allows him to live in the house for free until his death.
Expert:  Harris replied 1 year ago.
What specifically does it state about you maintaining the home as your quoted paragraph makes no reference to you having to fund this?
Customer: replied 1 year ago.
I have put in attachment the full text of the Consent Order. The end of that paragraph is: "And to indemnify the husband promptly in respect of the above".
Expert:  Harris replied 1 year ago.
Thank you for confirming. Unfortunately, you would not be able to seek to amend or challenge the consent order in relation to these terms, as they were agreed to by you, hence it was ordered by "consent". However, in the circumstances, it may be in your best interests to consider pursuing a sale of the home. Initially you should formally write to him setting out your intention to sell the home. If he does not agree then you should apply to court under form D11 and a £155 court fee to pursue for an order for sale of the property.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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