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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a property in the UK jointly owned. The courts have

Resolved Question:

I have a property in the UK jointly owned. The courts have mandated that the property can be put on the market to be sold by June as the final stage in the divorce settlement. The courts had advised my ex-wife to comply once the date occurs. I notified my ex-wife of valuations, by providing two weeks notice. She flouted this and refused access. I have provided a further two weeks notice for another set of valuations and she has not provided any response or a set of keys to facilitate. Can I ask for a lock smith to accompany me?
Would I have to inform the police ahead of time as it could be confrontational?
What is my legal stance if resistance to access is met?
Could I simply force entrance using locksmith, carry out valuations, then provide her with a copy of keys and retain a copy for myself for future viewings as I am jointly on the mortgage?
Your advise would be appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. As the property is jointly owned you are entitled to access to the property unless there is a court order (eg. an occupation order) excluding you from returning to the property. In the event that she does not allow you access, you would be entitled to force your way in using a locksmith - however, this would not be the ideal way forward as it could cause animosity between you.

In the event that there is no way to gain access and she continues to prevent a sale then you would need to apply again to the family court to enforce the court order and for further directions for her to allow access - this can be done using 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 your question without a positive rating. Thank you.

Customer: replied 1 year ago.
Can you provide me with a copy of this D11 form. I will provide another opportunity for her to comply with access, then initiate a D11.
Expert:  Harris replied 1 year ago.

The form can be found here:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=98

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 your question without a positive rating. Thank you.

Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have a final query regarding this
In the case n0 field on the D11 form, does this refer to the prior case n0?
Secondly, "What order are you asking the court to make and why" If my Ex-wife is being difficult and does not want to comply with access for valuations and subsequent viewings, what assistance can I ask the court to provide, as they have previously warned her to comply and she has boldly rejected this? I would like you to suggest a suitable request I can submit
Expert:  Harris replied 1 year ago.

The case number ***** be the same as the one on the order.

In relation to the order your asking for, you can state for enforcement of the previous order and for her to provide access to the property as well as thinking about having a penal notice attached which will allow you to apply for committal if she does not abide by the terms - consequences will be a fine, seizure of assets or imprisonment.