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re enforcement of a court order for the sale house

  • Rachel Munro
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1 year 8 months ago #505605 by Rachel Munro
Hi

Any one out there who has taken their ex back to court for the re enforcement of an original order for the sale of a jointly owned house?

Ex not complying with the order, refusing to reduce the house so it sells,

would like to know the outcomes of anybody who has been through this as wanting to get the draft order correct so I don't have to go back to court again for the same thing... legal system is corrupt and from what I have been through, all they seem to want is for you to get into more debt and supply the solicitors and barristers with more money than what it's worth!!

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  • divorced at last
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1 year 8 months ago #505636 by divorced at last
Replied by divorced at last on topic Re:re enforcement of a court order for the sale house
I have, and was successful. Didn’t draft an order, the Judge wrote the order. Just be clear on all that you are asking for and possibly ask for sole conduct. You would need evidence to show why ex is stalling.

Also if it is leaving you at a severe financial disadvantage demonstrate how crucial it is to sell.

Agree that it’s a painful process. I found self repping fine, wish I had done it from the start.

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  • Rachel Munro
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1 year 8 months ago #505657 by Rachel Munro
What does sole conduct actually mean? Does it mean just being able to deal with the estate agent and agree on reductions without the ex involved.

Ex will still need to sign documents for sale?

thanks in advance

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  • .Charles
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1 year 8 months ago #505691 by .Charles
Dealing with the estate agent and arranging for conveyancing? Yes. Agreeing an reduction and signing the documents? No.

If the other side is being particularly obstructive, the court can make an order to take control away from them but this will be limited. For instance, when the value of the property is disputed the court can make an order that any offer over a certain amount will be accepted.

If the sale is agreed but the other side refuses to sign the transfer, an application can be made to the court for a judge to sign the transfer.

Charles

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  • Rachel Munro
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1 year 8 months ago #505699 by Rachel Munro
Thanks Charles, we already have an order hat states any offers over certain amount are to be accepted, I am going to try and ask for the judge to sign for reductions and if a sale proceeds, as the reductions are not being agreed in writing for EA.

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  • .Charles
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1 year 8 months ago #505702 by .Charles
A report detailing the viewings and offers (if any) from the estate agent will help with the application. Hopefully the estate agent will recommend a new price which can be used.

Ideally you want an order which says \"the property to be sold to the first offer at or above £x. If no such offer is received within 3 months, any offer of or over £y be accepted\"

This way, you can state a price e.g. £300k and if no offers within 3 months, a lower price can be stated e.g. £290k. It will save going back to court for a further order.

Charles

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  • Tony48
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1 year 8 months ago #505744 by Tony48
.Charles wrote:

A report detailing the viewings and offers (if any) from the estate agent will help with the application. Hopefully the estate agent will recommend a new price which can be used.

Ideally you want an order which says \"the property to be sold to the first offer at or above £x. If no such offer is received within 3 months, any offer of or over £y be accepted\"

This way, you can state a price e.g. £300k and if no offers within 3 months, a lower price can be stated e.g. £290k. It will save going back to court for a further order.

Charles


my ex is being obstructive, not maintaining the property, being difficult about viewings. for example, not allowing people to view because of carpet replacement being outstanding, not wanting to reduce price,
now wanting to remove the 'stale' property from the market.

how do I apply for a order to reduce price and achieve sale? and what fees are involved?

it was agreed at the Financial settlement to sell the house .... 2 years ago it went on the market. I am stuck paying 000£ rent each year waiting for capital release

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