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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35053
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Over 10 years, my ex wife has continually frustrated every

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Over 10 years, my ex wife has continually frustrated every attempt to comply with a court Oder to separate the matrimonial home into two separate flats following divorce. This includes even failing to agree a leasehold agreement to complete the conveyancing into individual ownership from joint freehold ownership.
In a fit of temper in front of a witness she has said "when you fall of your perch I will have everything ". This she failed to do in the divorce and is attempting to gain this by the back door as she will loose 45 - 50 % when separated! owing to size of my flat.
After wasting many thousands of pounds on false starts and frustrated attempts, consulting several solicitors money is now getting short. All say I have a strong case!
Is it possible to go direct back to the court in a quick and cost effective way to set aside the court Oder and revert back to the original clean break?
We did reach agreement to sell voluntarily finding 5 possible buyers only for my ex to pull out, as she did with a lease agreement (which she lost) on the point of agreement.
I am at a loss what to do next as, all this has been at the expense of my health, having had major surgery several times and cardiac failure, hence I am at a loss what to do to re-gain my life before it is too late.
I would welcome whatever advice you can give
Many thanks in anticipation
Graham Hutton
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What (in brief) has to be done to facilitate this?
Customer: replied 3 years ago.
Thanks for reply.
I have tried everything to get a satisfactory solution to comply with divorce court order to separate house into flats. Latterly inviting her to complete the previously aborted leasehold/conveyancing into our individual names. Instead the lady is insisting on separating gas electricity and water. Pointless until each flat belongs to us individually because if we can't reach agreement on lease as before I still can't sell my flat which I now need to do on health grounds.
Practically I feel the only way, if it is possible, is to return to court and admit defeat and request that a clean break order is made to sell and divide the proceeds appropriately so we can both buy else where. This I do not know how to do, and how I wish we had do when we could.
There is also a separate point of law in that previous solicitor failed to pick up on a covenant in deeds stating house could not be used as anything but a single dwelling when we sold part of the garden to finance the flats project. This became apparent when we applied for planning permission to convert at a later time, and after the divorce agreement. (The original developer challenged this)
Very involved case which just seems to go round and round with no resolution. hope you can help to stop it.
Thanks in anticipation
Have you now got planning permission and has the Lease been drafted and sent to your ex?
Is the division still you preferred option?
Customer: replied 3 years ago.
We have attempted to negotiate a lease which ex contributed to start with but did not agree to several things like, would not agree to being 50% of any possible roof costs etc.. And other equally silly things ( it's an ordinary house, hers the lower flat and mind upstairs. Her argument was its above you so you are responsible... And so on and on. Finally loosing draft lease given for agreement. Planning permission was granted.
So much argument and frank non co- operation really want out
Can I not go back to court with apply evidence like above to get the original court order rescinded and revert to the original conventional clean break.
If so who do I apply too to start those proceedings. This would be on grounds of total non co-operation on her part to comply with court order ?
How did the order come to be made?
Customer: replied 3 years ago.
Hi againWe came to a joint conclusion that the house should be divided. Into flats and we agreed to share the cost 50 -50, which we begun at separation.When I finally divorced my ex it was put to the judge what we had begun by my junior Barrister representing me and he agreed it should continue and made the order.I had to go to the expense of the above representation as at all times prior to court appearance, the lady was demanding that she had the house and my pension and anything else she could think off.This is why I believe now that she is trying to get the same by the back door in the hope that she will get everything when as she so quaintly puts it, "I fall of my perch.". With the amount of rediculous argument encountered, I can only believe that she is actively trying to hasten that as she knows full well my medical history, including Cardiac failure but that is difficult to prove no doubt.My ex will not agree to re trying to formulate a new proper lease and is insisting we separate the gas elec and water instead. I feel this should not be done until we have both agreed a proper effective legal lease.Thanks again Graham
I am not sure why you believe that she will get everything in the event of your demise.
The Order will stand no matter what and I assume that you have made a Will so all that will happen is that the problem will pass to your beneficiary.
I am afraid that the only way the current Order can be changed so comprehensively is if you and your ex both agree to that happening - something you could discuss with her using family mediation (
The only basis on which you could do that is if in fact the Covenant could not be broken.
What you can achieve via the courts is to force the completion of the legal part of the division of the properties.
In order to do this it would first be sensible to have a Schedule drawn up setting out what work will need to be done which needs the co-operation of your ex.
If she agrees to the separation of the services already - get on with it it makes it one less matter to argue about
Your next step is then to apply to the court to deal with the signing of the Lease and the other relevant conveyancing documentation.
You can ask the court to order that the judge sign these in lave of your ex - and order her to pay the costs of the application
Assuming that the lease is properly prepared there is no reason not to do this immediately - whilst the services are also being dealt with
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you