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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MY husbands affair has now been going on for6 years, we are

Customer Question

MY husbands affair has now been going on for6 years, we are about to receive the absolue,as he made a settlement offer which i accepted in april ,it was a court ruling the house must go immeadiately on the market by joint instruction, or he must pay me the sum out eventually we had 3 values of the house done but no further action by him has been taken,even though i have asked him he says he is too busy to put it on market ,he has to pay these costs of agents ,i know he wants to keep the property but there is a deliberate stall on his part to cooperate.i have spent a fortune on legal fees some of these costs due to his continual delay tactics ,if i have to go back to court to make him ,can i make him pay my costs involved to do this ,during this time my physical health and mental health has worsened ,nowi feel i cannot cope anymore, can i get him out of the home with any medical reports ,is this an easy thing to do ?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Just to check - the court order has been sealed by the court?
Was a deadline set for the marketing of the property?
How much are you to receive?
Claire
Customer: replied 3 years ago.

yes the court order was sealed by the court,there was no deadline by date just immeadiately,the total value of the matrimonial home as valued for the divorce.


the last three valuations done varied considerably ,all more than the original divorce valuation ,but if it was sold for considerably more than the setlement price i have been told by my solicitor i can go back to court for a further share of the selling price ,my husband says this is not the case

Expert:  Clare replied 3 years ago.
Hi
What does the Order say - a percentage or a fixed sum?
Claire
Customer: replied 3 years ago.

a fixed sum

Expert:  Clare replied 3 years ago.
Hi
When was the order made?
Claire
Customer: replied 3 years ago.

In april this year 17042013

Expert:  Clare replied 3 years ago.
Hi
was it made by Consent - something you agreed to - or after a fought Court hearing?
Claire
Customer: replied 3 years ago.
Consent done in waiting rooms at court and then signed by judge a weel later
Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that there is no going back for a larger share.
however you can make an immediate application to the court for an order that he vacates the property so that you may deal with the sale of the property and the division of the equity
I appreciate that this was not the news that you were hoping for - please ask if you need further information
Claire
Customer: replied 3 years ago.
On the grounds that he has not cooperated in getting on with putting home on market ?my solicitor said to me we could take him back to court if it was sold for considerably more than valuation at divorce time ?so that is not the case then
Expert:  Clare replied 3 years ago.
Hi
Yes it is indeed the fact that he has failed to actively market the property which will allow you to ask the court to order him to leave so that you can deal with the sale.
Additionally I am afraid that it is indeed correct that your solicitor has misled you - just because the property sells for more will not allow you to renegotiate the settlement
Claire
Customer: replied 3 years ago.
That is bad news if it went for a lot more but good I can ask for him to leave can i get my costs for that to be paid for by him as we continually have had to chase him for everything now my costs to date were included in my settlement I
Now have to start again with him doing the same delay tactics and it costing me
Expert:  Clare replied 3 years ago.
Hi
It is certainly worth starting the process - it may push him into action
Claire

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