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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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the fmh has a mesher order in force and one of the triggering

Customer Question

the fmh has a mesher order in force and one of the triggering conditions has occurred how do I act on this
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the house worth and what event has occurred to trigger the sale?
Clare
Customer: replied 3 years ago.

hi the house is worth in todays current market around £210K


as clearly stated on the applicants open statement in section 3 the re-marriage or cohabitation with a another person as man and wife for a period of six months of the applicant ( my ex wife)


My ex wife has been , for the last year been living as man and wife in the FMH .

Expert:  Clare replied 3 years ago.
Hi
What evidence do you have of the cohabitation (this is crucial)
Clare
Customer: replied 3 years ago.

I have known he has lived there for over a year , but recently he has sold his house and moved into my house within the last few weeks , this is verified by my two children who live in the FMH and also on 8th oct 2013 i recieved a txt from my former wife requesting time for them to raise the money to pay me out of my share of the house , I pass the house every morning and he is there , his former partner also confirms that he no longer lives at his house . in fact the house has been sold according to local adverts i have seen My former wife is trying to short circuit the court order

Expert:  Clare replied 3 years ago.
Hi
How much do they owe you?
Clare
Customer: replied 3 years ago.

At todays market value approx £72k ( 40% share after mortgage )

Expert:  Clare replied 3 years ago.
Hi David
How much time have they asked for?
Clare
Customer: replied 3 years ago.

the txt does not say any time span and the issue is my ex wife also signed the mesher order which clearly states cohabitation is a triggering factor , I dont see why I have to wait for HIM to sell HIS house when I am struggling to pay my rent and all the bill plus the csa when they both work and he had been there for a year I would like to provide a home for my children to be able to stay with me SHE admits adultry way back in 2009 I just want a bit of fairness in the respect of the house .

Expert:  Clare replied 3 years ago.
Hi
You are not being unreasonable at all
How old are the children now.?
Clare
Customer: replied 3 years ago.

9 and 13 and they have expressed a desire to come and live with me but i cannot afford a house without my share of the fmh

Expert:  Clare replied 3 years ago.
Hi
You are entitle to apply to the court to enforce the Order by way of an Order for Sale
This is done using a form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
There will be a hearing and the issue of the housing needs of the children will be addressed again
However if nothing else it should make your ex concentrate on raising the funds sooner rather than later
I hope that this is of assistance - please ask if you need further details
Clare