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Husband is not abiding by the court order

  • vanillame
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2 years 10 months ago #498069 by vanillame
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.

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  • ronnir
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2 years 10 months ago #498073 by ronnir
I a,m in a similar position. Is he offering to buy you out at the same percentage as court order states?

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  • vanillame
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2 years 10 months ago #498075 by vanillame
Replied by vanillame on topic Re:Husband is not abiding by the court order
Hi yes he is offering me the same percentage, but this is based on the lowest market valuation figure that we have - house is valued at £500k but estate agents will market is at £525k.

He will save approx £15k stamp duty that he would have to pay on a new house, plus he will keep all of the contents and over me low/nothing for this.

But from an emotional and clean break perspective, but I want the house sold on the open market, which is what he proposed and also what he signed in the consent order.

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  • WYSPECIAL
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2 years 10 months ago #498077 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Husband is not abiding by the court order
If an estate agent markets it at £525k then how much is it likely to actually sell for?

Then there will be the estate agents and legal fees to deduct and you might be waiting ages for it to sell and you to get your share.

Is your issue the price he is offering or is it just that you don't want him to have it?

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  • vanillame
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2 years 10 months ago #498078 by vanillame
Replied by vanillame on topic Re:Husband is not abiding by the court order
I don't want him to have it essentially, for various reasons.

This is why I agreed to a sale and not a transfer.

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  • Jo1234
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2 years 10 months ago #498094 by Jo1234
Seems to me you are cutting off your nose to spite your face. Realistically he is living in it so could in theory put people off and delay the selling of it.

If he wants to buy you out you have your money and can get on with your life.

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  • divorced at last
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2 years 10 months ago #498173 by divorced at last
Replied by divorced at last on topic Re:Husband is not abiding by the court order
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!!!!

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