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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16395
Experience:  I have been practising for 30 years.
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I would like some legal advice with selling my house after a

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Good morning, I would like some legal advice with selling my house after a marriage break up. I finally divorced my husband 31/1/20. I left my house in September 2019 due to domestic abuse form my then husband. He refuses to sell the house and also has family members living in there with him. I'm unsure if he is receiving rent from them, but I am struggling with my rent for where I live and keeping up with the mortgage payments, so I don't lose the rights to my house.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have completed a financial order with Bromley family court, That was submitted and paid for on 16/3/20. Due to the current lockdown, I'm unsure how far the process has moved and unsure who I need to contact to find out.
JA: Have you talked to a lawyer about this yet?
Customer: No unable to afford it with all my current out goings
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I do currently have a non-molestation order that expires in August as there has been a lot of domestic abuse and he is constantly playing games regarding the house. He changed the locks and I was not able to gain access to the house.

Good morning. I will assist with your question - be aware this is an email not chat service.

how long were you together and married in total?

and do you want to get back into the house?

are you prepared to force a sale?

and use court order to get him out of property?

Customer: replied 1 month ago.
Hello,
how long were you together and married in total? Together for 16 years, married for 10 and a half
and do you want to get back into the house? Not to live there any more, but just to be able to go and prepare the house for selling
are you prepared to force a sale? Yes, very much so. I've been trying to do this fro the start.
and use court order to get him out of property? Yes please, I was hoping that was what the financial order helped me do? Not sureThank you

As part of the divorce process, it’s always a good idea apply for a financial order:

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.

The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).

Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.

Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.

If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.

I assume that there are no children under 18 of the marriage living in the property otherwise the situation is different.

In respect of the mortgage payments, Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.

Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.

He is likely obstructive with the sale so you can actually ask the court order that he cooperates, signed the papers, moves out, keeps the place tidy, and is not present when viewings take place. The court can order also the selling price, the acceptance price, which solicitor is to be used and which agencies to be used.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and 6 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you for this.Just to clarify, there are no children under 18 involved.
The Trusts of Land Appointment of Trustees Act (the Act). is this an additional order that I need to make as well as the financial order, or is it generated from the financial order application?Do I need to move back into the house? Can I get the other people out of my house. This is getting urgent, as I can no longer sustain paying both the rent and mortgage.Please advise.