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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1382
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My abusive, soon to be ex husband, is holding back a sale on

Customer Question

My abusive, soon to be ex husband, is holding back a sale on our house. We accepted an offer in July and he is now saying that he won't go through with the sale until our court date at the end of October (for a financial order). The contract has been signed and our buyers are ready to go. It was myself and our child who had to move out of the house, as he refused to leave. He is now harassing me for money for things for the house ie building and contents insurance. The house was up for sale for 1 year before we had an offer so I really don't want to loose our buyers. Can I get a court order to force him to go through with the sale ASAP? Any help would be greatly appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question.
I am a Solicitor and will assist you.
It is my understanding from your question that you are divorcing your husband, you are going through financial proceedings (which have not yet been finalised) and you have agreed a sale on your property.
Whilst I appreciate that you would like to sell the house as soon as possible it is my advice that the money is not divided until a Court Order has been obtained (either by the Judge making an Order or by consent).
If the proceeds are divided without a court order having been obtained then you could leave yourself open for another claim in the future. You also wont know if the amount you should receive is fair unless you have gone through the process of full and frank disclosure with your husband.
If the house is being sold at a fair market price then there is nothing to stop the sale going through now but instructions given to those who are doing the conveyancing for you to 'hold the monies pending a court order' about division. You should put this to your husband and ask that he agree to this.
If your husband wont agree then you can ask the court to order that the property be sold. I'm not sure how far along in the financial proceedings you are - but the Judge might not make such an order straight away until he makes a determination on the issue. As mentioned above - it would be best to explain to your husband that you agree that no division takes place until the matrimonial proceedings have been finalised and an order has been obtained - but that he should agree to the sale proceeding with the monies held until the order has been made.
Kind Regards
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Customer: replied 2 years ago.
As I said, he is extremely abusive. I try and avoid any contact with him. The plan was to sell the house and my divorce solicitor has asked my conveyancing solicitor to hold the monies on account. He won't agree to this. He is now refusing to go through with the sale until we've been to court in October. However, this isn't the final hearing so it could be another month or so after that until a decision is made. He would then need to find a property to purchase and everyone would be waiting for that sale to go through. I can't see our buyers waiting another 6 months. I just wondered if there was any way at all we could force the sale to go ahead?
Many thanks
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your response.
I am sorry to hear this. It does sound like your husband is difficult to work with.
You could try to persuade to determine the issues sooner but there is no guarantee.
Perhaps a few strongly worded letters from your solicitors threatening to pursue costs against your husband if the sale falls through might help. The court will only order one party to pay the others costs if it is convinced that the paying parties’ behaviour has wasted costs so costs are not guaranteed but it might apply a bit more pressure on your husband if he thinks costs might be pursued.
Kind Regards
Positive feedback is gratefully received.
Customer: replied 2 years ago.
Ok, thanks very much for your advice.
Expert:  ukfamilysolicitor replied 2 years ago.
I wish you all the best my dear
Expert:  ukfamilysolicitor replied 2 years ago.
Please remember to rate positively - kind regards