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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1935
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Decree absolute in place. One child born September 1998

Customer Question

Decree absolute in place. One child born September 1998 lives with mother. Older child left home. Various investment properties been sold. Cash on hold at Building society under court order. Each have own business.
Court Order issued 13th April 2015 that matrimonial house should be sold. Acceptable offer received. Ex is doing all she can to disrupt any sale. Are there any known precedents of courts issuing order to sign sale agreement within, say a month, and if not complied with the judge takes power of attorney and signs agreement him/her self?
Submitted: 7 months ago.
Category: Law
Expert:  Harris replied 7 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Who remains living in the former matrimonial home?

-Who has conduct of sale and who has been dealing with the estate agents?

-What is she doing to disrupt the sale?

Customer: replied 7 months ago.
sorry, I lost you.
Wife. She moved out and husband lived alone for*****order that she must pay all her own living costs so she gave up rented house and moved back in forcing him out.
Order said that it should be a joint decision but she went ahead and used a personal contact to arrange estate agent
Procrastinating. Told one buyer there was a boundary dispute which there is not but they backed off. Now told second buyer there is Japanese knotweed in garden. Not completing the necessary forms prior to exchange and completion
Customer: replied 7 months ago.
Basically, she wants to keep the house but the price is more than she can afford and she hopes husband will back down and agree price which is £100,000 lower than offer.
Expert:  Harris replied 7 months ago.

Thank you for confirming. In these circumstances you will need to apply to court to enforce the order for sale. Her conduct is not appropriate and you may wish to request that you have conduct of sale and that you are present when there are viewings.

The application can be made to court under form D11 and a £155 court fee.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1935
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 7 months ago.
is there a legal precedent for this type of case which husband can site?
Expert:  Harris replied 7 months ago.

I cannot recall any of the top of my head, however you would be best to rely on her requirement to comply with the court order. Breach of a court order and intentionally preventing a sale will be considered a breach for which there are consequences if you were to pursue a committal application - she could be liable to her assets being seized, a fine or imprisonment for contempt of court for not obeying and order.

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