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Category: Law
Satisfied Customers: 33523
Experience:  Barrister at Self Employed Barrister
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I am due in court on 30th October down of judges

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Hi. I am due in court on 30th October for handing down of judges decision in terms of my divorce. The problem is my has lied in court about cohabitation and her partner earns a good living. She has also said she is unable to work which is another huge lie. She is just lazy. The court draft says I should sell the family home which I live in with our son and she gets 70% of proceeds. The court took no account of debts I had at the point of separation when assessing assets less liabilities and they took no account of her inability to deal with her finances. In last 6 yrs she has gone bankrupt for 35k and more recently an IVA for 45k. The house is in my name only along with the mortgage. My son would be devastated to lose his home and all his friends who live nearby and I don't want to sell either. How can the court enforce the sale of the house if I don't want it to happen and how can I challenge their decision. Also I am thinking of bringing my son to court who will clearly state that his mom has been cohabitating for last 3 yrs. thanks.
Has the judgement been sent out to the parties?
Customer: replied 2 years ago.
Yes. It was sent last week.
Well the starting point is that if you think that the judge has got the decision wrong then you will have to seek permission to appeal him - this should be applied for at the next hearing. I would recommend that you get a solicitor to go over the judgment with you to see where it is wrong - you can't just appeal because you did not like the decision. The court will not be looking to hear any new evidence when it formally hands down judgment.
Customer: replied 2 years ago.
Ok. On the question about enforcing sale of house. How can they do that if it's all in my name and I live there.
has the court ordered a sale?
Customer: replied 2 years ago.
On the draft it implies that. As she wants cash not pension money.
Well on the basis of the divorce the court does have the power to order a sale of the property if there are not sufficient funds to met a distribution. This is sadly very common. Please rate positive -
Customer: replied 2 years ago.
But how can the court enforce it if I don't play ball. I could make the sale of the house take years.
Because the court has the power to finalise the paperwork for a buyer.
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Customer: replied 2 years ago.
Hi. I am subscribing monthly now. I understand I have 3 weeks to appeal judges decision after hand down on 30th October. Do I need to tell him I plan to appeal at the hand own hearing. Also does the fact my ex wife has continually lied about the fact she co habitats with her boyfriend constitute a reason to appeal. I now have proof that she cohabits and has done for 3 yrs and that person is happy to testify this in court. This was always the main reason why I did not wish to negotiate with her because of this obvious lie. Her partner earns £30000 pa but pays very little in rent and bills while living with my ex which I seem to be unfair as she pays nothing towards her sons upkeep when I pay for all of it.

Happy to answer but can you list as a new question for me