How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
13262538
Type Your Property Law Question Here...
Clare is online now

How can i in-force a court order that is already in place to

Customer Question

how can i in-force a court order that is already in place to get me off a FMH , my EX was only allowed 12 months its been five years since order was made, shes had house up for sale, over priced and rundown, every time I contact the Estate agents and tell them the situation and show them the court order .she appoints a new Agent
Submitted: 10 months ago.
Category: Property Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the exact wording of the Order and can you get confirmation that it is overpriced?

Customer: replied 10 months ago.
I have prove that the original estate agent said by the way of a letter the the house should be reduced in price to get a sale..... She since has finished with his services and appointed another
***** *****
Customer: replied 10 months ago.
FYI
FMH is being marked for £385,000 since August
Customer: replied 10 months ago.
The Divorce and court order costs have been in excess of £22,000 now and it seems I'm back to square one
Customer: replied 10 months ago.
07932 691897 as I've got to go back to work now
Expert:  Clare replied 10 months ago.

Excellent.

Who is currently living at the property - and would you be able to prepare it for sale and deal with the Estate Agents if necessary?

Customer: replied 10 months ago.
My Ex wife, my 4 children (although they live with me half the week) her new partner and their new baby. I have had my money out of the house, also signed the TR1 form transfering title deeds to her, so technically I don't own the house...... It'd the mortgage company whom say I'm still liable (£242,000 left on mortgage)
Customer: replied 10 months ago.
I've also know that my ex wife has not even contacted the mortgage company to try and apply for the mortgage
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 10 months ago.

How old are the children?

Customer: replied 10 months ago.
11,10,8 & 5
Expert:  Clare replied 10 months ago.

Are you aware that the site charges more for a phone call?

Are you willing to force a sale?

Customer: replied 10 months ago.
sorry i wrongly pressed the call now buttonYes I am willing to force
Expert:  Clare replied 10 months ago.

Then you need to apply to the court using a D11

https://formfinder.hmctsformfinder.justice.gov.uk/d11-eng.pdf

for an order for The immediate sale of the property using an Estate agents either agreed between the parties and at a price bot less than xxx (average of three valuations)

The fee is £95.

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
Hi ClareI do already have the D11 form filled out .....its just that Im worried that the court wont give directions.
so to recap then i can apply for £95.
What can I ask for in (3)
Expert:  Clare replied 10 months ago.

What you put in is

1. "To enforce the Order dated xxx by way of an Order for the immediate sale of the property xxxx

2. To appoint xxxxx to handle the marketing of the property at a price not less than xxxxx

Customer: replied 10 months ago.
Wow Thank you so muchWhen you say
2. To appoint xxxxxx to handle the marketing etc does that mean i can say myself or another estate agent
Expert:  Clare replied 10 months ago.

An Estate Agent

Clare and other Property Law Specialists are ready to help you
Customer: replied 10 months ago.
oh ok great Thank you
if i need your help regarding this within the next few weeks months how do I contact you
Expert:  Clare replied 10 months ago.

You can simply ask for me in the title of the question

Customer: replied 10 months ago.
Marvallous
Customer: replied 9 months ago.
Hi ClareIve decided to put this application to court on hold until april next year.
is it possible for me to contact you around that time for some more adviceRegardsJason
Expert:  Clare replied 9 months ago.

Of course it is

Related Property Law Questions