court order to force sell of house

Hi
We husband left me and two grown up children two years ago. We have a decree nici. In this time I have repeatedly tried to buy his half of the house. He agrees then says he wants more money. In September we attended mediation and he finally agreed a price. But before I got a Consent Order he said he wants more money. He''s wanted more and more and now I can''t afford the additional £15,000 he wants so will have to sell but he''s now saying he wants me to get out quickly and will get a court order. Can he do this and how long would the court give me to find somewhere else to live?

Er - well, it might sound like a statement of the obvious, but a consent order assumes that both parties are in agreement with the order the court is being asked to make.

Sounds to me that you are not agreed as to (a) the price (b) how the money is to be divided.

So either you agree on something or the Court has to decide the matter for you.

Obviously, if the property is to be sold, you have to get out sooner or later. But you have a very reasonable argument that you should not be required to leave before there is a binding contract for the sale of the property.

Have you had valuations carried out ? This is a first step. If you''re going to have a consent order you need to agree

1. The initial asking price
2. How the sale proceeds are to be divided
3. Which of you has the conduct of the sale
4. ( Perhaps ) agree a price that, if you received an offer to buy at that price, it should be accepted.

The Court certainly could order an occupying spouse to leave but for pretty obvious reasons, it won''t want to do this if the evicted spouse has nowhere to go or no money to relocate. Your husband is obviously using this as a tactical ploy and I doubt if a Court
would fall for it.

But of course we get the occasional spouse who plays ducks and drakes, and simply refuses to budge.

LMM

We had three valuations of the house a year ago and agreed on the average. Then he said he wasn''t ready. Last July he agreed to mediation and had three further valuations (the average was now £50,000 more) so we agreed a new higher price which meant me finding more money to buy his half. Mediation finished in September and I thought we''d reached an agreement but he''s stalled and stalled and now says the house is worth more so wants more. This is really unfair as I can''t find the extra money which will mean I have to move. I can prove he''s stalled and deliberately delayed it though in order to make me lose the house. It seems so unfair. He''s also saying he wants his money quick so I have to move quick. He says he can get a court order to get me out of the house immediately. But surely a court coukd see he''s deliberately stopped me buying the house and is being vindictive in wanting me out immediately?