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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can my ex enforce sale of Matrimonial home in 4 weeks

Customer Question

I was divorced in July 2014 - the final hearing for Financial Remedy is 4th February 2015. I have had great difficulty getting my ex to agree a price to sell the matrimonial home and since March 2014 to divide the substantial marital goods ( 122 boxes + furniture ) I was able to get a buyer late September and I have been getting the paperwork together for the solicitors acting for the sale. Yesterday 5th December I was notified that one of the buyers in the " chain " had to complete their purchase by 5th January 2015 and so I had to complete by that date also. I have no where else to live and my ex's solicitors would not agree to release funds from the sale of the former matrimonial home. I am Bi-polar and a disability. I said it was impossible for me to complete by 5th January 2015. They are now threatening me with Court Action to enforce the sale by the date of 5th January 2015 - can they do this ?

Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I take it that no Consent Order has been sealed by the Court ( I assume this is to be done in February)?

Have you both informally agreed as to who should get what from the Sale?

Is the proeprty registered in your joint names?

I look forward to hearing from you.

AL

Customer: replied 2 years ago.

Hi Al

1. No consent order - final hearing 4th February 2015.

2. I have asked for 55/45 split of former matrimonial home - I prepared

an inventory of marital goods in March 2014 but ex has not removed

anything or agreed anything.

3. Property was purchased in Joint names - I severed the tenancy

and the property is held as Tenants in Common

Sorry if I repeated the answers, was not sure if they has sent to you

Expert:  Aston Lawyer replied 2 years ago.

Hi Philip,

Thanks for your reply.

Only if there is a Consent Order in place,stipulating that the house be sold forthwith, can you be forced to exchange Contracts and complete on 5th January.

The only thing your ex wife can do to force you to vacate is to apply to Court and obtain a Consent Order prior to February. In the meantime, your Solicitor won't of course be able to exchange Contracts until you sign the Contract and authorise him to

exchange.

I must say it would be normal for both parties to agree, via their Solicitors, for the property to be sold and the proceeds split in accordance with the agreement 55/45, to enable you to find alternative accomodation and to avoid losing the Sale.

I would therefore suggest that you stand your ground and state that you will only agree to complete provided the appropriate funds are paid to you on completion.

I hope this assists you.

Kind Regards

AL

Customer: replied 2 years ago.

Al

That is what i told the solicitors acting for the sale, that my ex and her solicitors should agree to release the funds from the sale of the former

matrimonial home - even at 50 / 50 split there is sufficient funds to purchase another property albeit much smaller etc. When I stated that I just could not move in 4 weeks ( christmas / new year holidays ) that's when the joint conveyancing solicitor told me they could get a court order to force the sale by 5th January 2015. I have so far refused to sign any contract documents although the joint conveyancing solicitor is insisting i do so next week. From your answer it seems that my ex COULD apply for a Court Order NOW to enforce the sale by

5th January 2015 ? - IS THAT CORRECT ?

Customer: replied 2 years ago.

Al

Is that correct that my ex could apply NOW in December 2014 for a Court Order to enforce the sale on 5th January 2015 ? giving me less than 4 weeks considering there is the Christmas / New Year holidays as well ?

Expert:  Aston Lawyer replied 2 years ago.

Hi Philip,

Sorry for the delay.

There is no way your ex wife's Solicitor would get an Order this side of Christmas.

To be honest, I'm quite surprised that your Conveyancing Solicitor is telling you this and intimating that you should complete the Sale- he is of course acting for you and if there is any conflict between you and your ex wife, the Solicitor should not be acting for both of you (or at least recommend that you take independent advice about this "threat").

I hope this helps.

Kind Regards

AL

Customer: replied 2 years ago.

The conveyancing solicitor is acting ( supposedly ) for myself and my ex-wife - despite my protestations, the conveyancing solicitor is pushing for me to sign the contracts even though I cannot get the funds from the sale and have no other property ( or hope of getting one ) by 5th January 2015 as I need a bungalow for my disability as I cannot climb stairs. It is so worrying, that the conveyancing solicitor is NOT protecting my interests and just seems to be focused on the sale going through by the 5th January 2015.

Expert:  Aston Lawyer replied 2 years ago.

Hi Philip,

I can only advise that you stand your ground, and explain to him that he is meant to be acting for both of you and if you aren't happy with the proposed completion date, he will have to respect your position.

Don't get bullied into signing the Contract!

Kind Regards

AL

Customer: replied 2 years ago.

I understand that's why I sent the contracts back to the conveyancinh solicitor but their email of Friday 5th December 2014 has said they have sent the contracts back to me. I agree that the conveyancing solicitor should respect my position, but she seems to be more on the side of my ex-wife's solicitors ( my ex wife is living with her sister ) and more importantly the conveyancing solicitor seems more intent that this buyer in a distant chain has to complete his purchase by 5th January 2015 as his lease expires ?? - I have said surely it's easier for that buyer to extend his lease or rent elsewhere rather than force a completion date of 5th January 2015 on me. Do you suggest that I get an independant conveyancing solicitor as it worries me that the existing conveyancing solicitor seems so indifferent to my needs ??

Expert:  Aston Lawyer replied 2 years ago.

Hi Philip,

I would instruct an independent Conveyancing Solicitor if I were you (as the legal fees relating to the Sale need to be paid, your ex wife can not object to you incurring fees from your own Solicitor which relate to the Sale).

If a party in the chain's Lease expires on 5th January, it is their job and responsibility to resolve this issue, and shouldn't have put himself in such a position, until Contracts are exchanged any party can pull out so if he should have safeguarded his position and not merely rely on everyone else agreeing to jump to his tune.

Good luck

AL

Customer: replied 2 years ago.

I agree with your position -pity the existing conveyancing solicitor is seemingly intent on an exchange of contracts before Christmas and completion 5th January 2015. Is it o.k. for me to instruct an independant conveyancing solicitor so late ?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

You are well within your rights to instruct your own Solicitor (indeed, you would be wise to do so) on the basis that your existing Solicitor is acting as she is!

All the Best

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thankyou for your help

Expert:  Aston Lawyer replied 2 years ago.

Thanks Philip.

If you are happy with my answers, I would be grateful if you could leave positive feedback.

Kind Regards

AL

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