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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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On 23/05/16 I corresponded with, now I paid 78 euro to

Customer Question

On 23/05/16 I corresponded with Harris, now I paid 78 euro to continue with him, he is aware of my case: I have Consent order as a result of divorce; I own a house in England where my ex-husband lives, he is 78. The Consent order allows me to sell the house by asking the court first. My ex-husband is increasingly unreasonable and the consent order doesn't work. The imbalance is huge: I bear all expense and responsibilities but he applies no reason to that and harrasses me for money all the time. I want to sell the house. On what monetary conditions my ex-husband can be compensated? Brexit is also a factor, I feel compelled to clear my UK transactions.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your further question. Are you able to attach the approved consent order here - you can use the paperclip button to do so

Customer: replied 1 year ago.
I did this on 23 May when I exchanged info with you and paid. I now agreed to your 78 euro offer and was charged, then had to pay again 36 euro. How does this work? Your 78 euro offer of 23 May was, I assumed, a continuation of my case. Please find the requested consent order here but I really expect further advice not to start all over again. I can also call you if you agree.
Expert:  Harris replied 1 year ago.

Ah yes, now I recall. I have considered the consent order again and it is clear that the consent order and declaration of trust (this is referred to but not attached) he is only entitled to 5% of the proceeds of sale of the property and you are entitled to 95%. As you cannot reach agreement your only recourse is to apply to court for an order for sale.

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 your question without a positive rating. Thank you.

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Mr Harris, I rated you but I need more advice from you. I paid quite a lot, once 78 and then 36 euros, yet your answer is about what you told me in May, even less. My question this time, and I stated it above, is about the type of compensation to be offered to my ex-husband at the sale of the house: he is 78, owns 5% of the property, and I think along the lines of 2-3 years rented value of the house + his 5%. What does British law has to say on that? I need to know this before I start court proceedings. Thank you for asnwering to that.
Expert:  Harris replied 1 year ago.

Thank you. From what I can see in the order, his only compensation upon sale of the property would be 5% of the proceeds of sale. I cannot see anywhere in the order stating that he should be compensated for 2-3 years rented value.

Legally, as long as the order has been approved by the court then it will stand as binding.