My exH and I have signed a consent order stating sale of the fmh.
He lives there alone, it is a 4-bed property, and the order states immediate sale.
The court order has been signed off and sealed by the courts, and so it's now legally binding.
But he is now suggesting he buy me out of the house instead and I transfer this to him .I absolutely do not want this, I want the house sold. We have an estate agent who has valued the property and taken photos ready to market it for sale but he is now refusing to sign the contract with the estate agent and so they can't advertise the house for sale. Instead he is pressuring me to sell to him instead, which I absolutely do not want.
The original consent order was based on a proposal he put forward, it was him who suggested the sale in the first place, but I think he was counting on being able to twist my arm once the order was signed.
What can I do about this?
The order was only signed at the end of November, but I signed the contract with the estate agent 2 weeks ago and he is still delaying.
Just to add, he was violent during our marriage and so I am a little scared of rocking the boat and making him angry. But I want the house sold asap, as my children and I are currently cramped into one bedroom at my parents house.
Fill in a D11, pay the £90 and take him back to court. I had exactly the same situation. I had legal representation through the financial proceedings but self repped for this. Explained clear as day to the judge that WE signed a Consent Order to say the house would be put on the open market, NOT for him to buy me out. I didn’t spend 20k plus on achieving a consent order for him to then start putting offers to Me! I asked for sole conduct of sale and was granted it.
My only regret is I waited three and half months to apply, then didn’t get a court date for another 3 months. Apply for force of sale and sole conduct. The Judge has stated in the order that my ex must sign any documents required and if he doesn’t then the court will on my behalf.
If you’re not successful then you’ll get the money either way. Think about the quality of life for the kids, is taking the “I don’t want him to keep the house” attitude helping them? There are no “winners”in divorce! Good luck!!!!