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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There,Please I will like to know what will happen if

Resolved Question:

Hello there, Please I will like to know what will happen if the order is not meet up. Me and my ex had come to an agreement on a property that is to be sold. And he keeps the family home. We had a cash buyer at the time but has change his mind. I have to the property on the market to sale it again. And my 3 months for me to moveout from the family home is almost elapse What will be my faith as I have no money to go and rent. Would I be able to move into my house that am selling to give him some money out from it? Is there anything I can do legally?

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are you married and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
Are there any court orders involved?
Clare
Customer: replied 2 years ago.

Hello Clare,

Thanks for replying me.

Yes we were married for 23yrs. We had 5 children. But the last child is eighteen.

Yes after the second hearing we then reach an agreement. And the court put the order on it. So I am to sell the house and give him 31% after all bill is paid. I hope to hear from you soon.

Nana

Expert:  Clare replied 2 years ago.
Hi
How many properties are there?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Is 3 properties. He keep 2 properties and I sold my and give him 31% after all the mortgage and other bill is paid. I appreciate you wanted to know the price of the property am selling but that is not my concern.

My concern is what will happen after the court order date and the property is not sold. Can i move into my house while is on the market?

Expert:  Clare replied 2 years ago.
HI
Where are you living at the moment?
What is the exact wording that says you have to move out of your current home?
Clare
Customer: replied 2 years ago.

I live in Essex. He's keeping the family home because I offered it to him during our negotiation. And my house is in London. The one that I have to sell.

At the moment i am still staying in the family home with him with 3 of our children in the house in Essex. But I have to moveout in 5 weeks time if my house is not sold.

Expert:  Clare replied 2 years ago.
Hi
How old are the children?
Clare
Customer: replied 2 years ago.

25, 23, 21, 19, 17.

Expert:  Clare replied 2 years ago.
Hi
Why have you not moved into your house before now?
Clare
Customer: replied 2 years ago.

It was rented. But they're moving out by the end of the month.

Expert:  Clare replied 2 years ago.
Hi
Is it on a buy to let mortgage?
Clare
Customer: replied 2 years ago.

Sorry i dont understaand you. You not answer my question. All i want to know is that, Do i have right to move to my house while am sell under the court order?

But is like you not given me the answer but question after question. Please could you let me know if is yes or no?

Expert:  Clare replied 2 years ago.
Hi
Yes you can move into the property whilst it is being sold - it is your property and there is no reason why you should not do so.
The only possible problem will be if your mortgage is one that is given on the basis that the property will be let and not used as your main residence.
However the fact that it is already for sale makes it unlikely that the mortgage company will object
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare. But court order agreed on me selling the house and give him 31%.

Can I remortgage and give him his share of 31% if I decide not to sell the property? Would I be breaking the law if I dont sell the property and give him money instead?

Expert:  Clare replied 2 years ago.
Hi
The order does not stop you moving in.
Provided you pay him the 31% then it shoes not matter if it comes from a sale or a remortgage
Clare
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