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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 10560
Experience:  Senior Associate Solicitor
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My Ex husband doesn’t want to sell the house and I’m

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Hi . My Ex husband doesn’t want to sell the house and I’m unemployed nearly a year time . I need to sell the house ?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I did not I tried mediation but did not work?
Assistant: Where is the house located?
Customer: Banbury
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

Is your ex husband on the deeds?. I presume you are now divorced and that no financial order was made with the court?

Customer: replied 7 months ago.
he on the deed and no financial order has been made to the court

OK, that's the next step. As you have tried mediation you can now issue financial remedy proceedings in the family court (if you also want to sever the financial ties with your ex) or you can apply to force a sale of the property in the county court.

Are there any other assets to deal with (e.g. his pension and anything else)? Or just the property?

Customer: replied 7 months ago.
pension shares and savings.
Just a comment about our savings my Ex husband is hiding the savings by transferring money to his friend bank account ! I do have evidence to prove that .

Thanks, ***** ***** court can order a freeze of his account and it can also claw back the funds if he is actively trying to move assets out of your reach.

The best way now would be to issue financial remedy proceedings based on the fact you need to sell the property and there are pension/savings etc.

If you disagree and cannot come to an agreement, you can ask the local family court to assess a split of the finances and also to deal with the property. Assuming your ex husband eventually agrees to a settlement then you can have a consent order drawn up to bind the parties to the agreed terms.

The court will consider the factors contained within Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement. Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your ex husband), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage, your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, and so on.

If nothing can be agreed then you would need to issue financial remedy proceedings so you ask the court to become involved in a financial settlement as well as the divorce.

You will need to issue financial remedy proceedings and you would need to complete and send two completed copies of Form A (one copy is attached) to your local family court and pay a fee of £255 payable to HMCTS. If you are on a low income or have low savings you can ask the court for help with the fee here https://www.gov.uk/get-help-with-court-fees

The court will then list a first appointment and give directions for a financial dispute resolution hearing (FDR) where the judge will give their opinion on a likely settlement - which usually prompts a settlement at this stage. The court will ensure the parties make full and frank disclosure of their assets and liabilities to ensure the financial positions of you both are known and to allow the court to make a settlement decision. If the case does not settle, further directions will be given and a final hearing may take place if neither of you can agree to settlement terms.

For more information on a financial order:

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

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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