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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I've been to court and an order has been put in place

Customer Question

I've been to court and an order has been put in place for my ex-husband to sell his house to pay divorce settlement to me.
I am not on the mortgage, but as part of my divorce settlement, i have a charge on the property.
The court order was he had 28 days to either pay my settlement or to put the house on the market.
He stated 3 weeks ago that the house was on the market with an estate agent, in my opinion at an over priced selling value.
I have proof that this estate agent are not selling this property and they have only done a desktop valuation and not a proper valuation.
Ive also checked all other estate agents websites for the area and this house is not up for sale.
I wish to got back to court, as my ex-husband has been " uncooperative" and "dishonest" in regards ***** ***** court ruling.
what are the legal forms and legal jargon that i need to use in regards ***** ***** back to court and bring this case back in front of the judge quickly.
This case is held in England and i reside in Scotland
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for you
I will do my best to help you but I need some further information first.
For clarity - the named Estate Agent has confirmed that they are not instructed to market the property?
Was a sale price identified in the Court Order - if not how does it compare to the valuations used by the court
Clare
Customer: replied 2 years ago.

Hi Clare,

the named estate agent that my ex husband gave me, has confirmed that they do not have this property on their 'books' for sale, have not done a proper valuation and have had not received instructions from my ex.

the house was valued in court papers in 2009 at £120,000. I have been informed house prices have dropped between 10 to 15%, my ex has told me that it is up for sale at £130,000.

But I can not find the house on any estate agents in the area, so my understanding he has given my false information and broken court order as Judge stated that within 28 days if no money paid to myself, the house had to be put up for sale and a for sale sign displayed outside property. This is not the case after 3 weeks

to make in clear we are now 3 weeks after the 28 day period

Thanks Nicole

Customer: replied 2 years ago.

Hi Clare,

could you give me an idea of the time scale of your reply as this is a stressful time and I need things to move forward .

thanks Nicole

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - it was along day in court.
In that case you are entitled to apply to enforce the Order.
You do this using a Form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
You can settle for simply being able to deal with the conduct of the sale yourself, or take a step further and seek an Order that he also vacates the property so that you can deal with the sale.
I hope that this is of assistance - please ask if you need further details
Clare