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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1916
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband is living in our jointly owned house with his

Customer Question

My ex husband is living in our jointly owned house with his new baby and girlfriend, he keeps saying he will buy me out but each time lets me down. He rents me a very small flat for myself and my daughter (23) who is still in FT education. He refuses to put the house on the market. In our divorce settlement, I'm to get 75% of the equity and he is to get 25% - he got the business. 2 and a half years later I still have none of my money. Can I go to court to force a sale and/or can I move back to the house?
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-Did the court order a sale of the home, or a lump sum payment to you instead of a sale?-Were there any dates in thr order that this had to be done by?
Customer: replied 9 months ago.
Not sure if my last response went through.
I'm in England
No court order to sell the house just to sell it between us
No dates were set
My ex said he would buy me out last Spring and that fell through at the last minute then he promised to buy me out at the end of 2015 again pulling out at the last minute. He is now saying I either have to accept instalments (me transferring the deeds on the 1st instalment) or he will give me all the money by August 20th(a random date). All my money is tied up in the house, I work full time but don't earn much, he earns a lot, drives a Bentley continental & a Mercedes and has lots of holidays. Can I move back into the house? We were married for 23 years and have two children together. I hope this helps.
Expert:  Harris replied 9 months ago.
It is strange that the court order did not state that the property should be sold or specify details of when the property should be sold. Given that the court stated that the property should be sold between you and this has not happened, I would suggest that you consider returning the matter to court for implementation. There is usually a clause in financial orders that states that either party are able to apply to court regarding implementation or timing - please check this, and if it is included in your order then you can pursue this.In relation to returning to live in the property, as it is jointly owned you have a legal interest in the property which allows you to live there (unless there is a court order excluding you), however you will obviously need to consider the practicalities of returning and if this will further impact this situation.If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Harris, Law Specialist
Category: Law
Satisfied Customers: 1916
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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