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General Form of Order - Ancillary Relief

  • PHitchen
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01 May 12 #327714 by PHitchen
Topic started by PHitchen
I have a court order approved by a district judge in Sept 2010 which states that I have to either repay 15K to my ex before June 2012 in one lump sum (there is a legal charge on the property).

If I do not make the payment then the order states that the property will be placed on the market for sale on the 7th July 2012 and after discharging the mtg, estate agents fees and legal costs in relation to the sale the net proceeds will be paid out as 15k to my ex & I will get the balance.

However this is where my questions come in!:(

When the house is placed on the market in July & eventually sold after paying all of the above the net proceeds will probably amount to no more than 3k. I don''t have a solicitor as i cannot afford one but would like to please know if anyone can advise as to what my position is legally if I can only pay my ex 3k after the sale of the house.

No where in the order does it state anything about what happens if the sale of the property fails to generate the 15k which is to be paid to my ex.

The only text that i didn''t understand was "There be liberty to apply as to the implementation and timing of the terms of this order"

Any advice or help would be much appreciated, thanks in advance:)

  • TBagpuss
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02 May 12 #327865 by TBagpuss
Reply from TBagpuss
it sounds as hough you owe your ex £15,000 and that is secured on the proeprty, so it''s like any other mortgage shortfall, you would still owe him the difference.

The ''liberty to apply'' bit means that you or your ex can go back to court if you need to to enforce the order, or if there is a dispute between you about what it means or about the time scale for things to be done

  • PHitchen
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02 May 12 #327876 by PHitchen
Reply from PHitchen
Thanks so much for your reply, I really appreciate it. At the time i didn''t go to court because I couldn''t afford legal help.

The mortgage on the property is in my name only & she has filed a B136 restriction against the land but not for an amount if that makes sense?

Is it too late for me to dispute that the 15k is owed as she claimed child benefit & tax credits for the children whilst they lived with me full time for four years (she saw them every other weekend). We had an understanding that this amount would be deducted from the 15k I owed her & I would pay the remainder however now she is hellbent on getting the full 15k. I can prove that the kids lived with me but really don''t want to involve them too much as I don''t think it is fair on them. One of the children has lived with her for the past two years but she is still claiming that she lives with me so she doesn''t have to pay as much council tax. I really didn''t want it to turn bitter but I am at a loss as to what will happen in July & how the sale of the property will be enforced. I am also very worried about if the property only makes 3 or 4k in the sale how I will be made to repay the remainder of the money. She has told the children that bailiffs will be able to turn up at my property & remove my goods?

Any advice that you can offer would be greatly appreciated. Thanks

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