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re enforcement of a court order for the sale house

  • .Charles
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1 year 8 months ago #505785 by .Charles
Start by writing a letter suggesting the way forward e.g. viewings assisted by the estate agent (the ex being absent), an updated appraisal from the estate agent with likely selling price and reducing to that amount if current marketing price is unrealistic, accepting an offer over a certain amount and agree to reduce the sale price if there is no interest.

If there is no response or a simple, 'no, I'm not doing that', then you can look to make an application to the court. You can do this yourself for the price of the court application which is probably around £155.

Charles

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  • Rachel Munro
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1 year 8 months ago #505787 by Rachel Munro
do you think wise to suggest a certain price drop each time every so many months? otherwise estate agent might just drop by £1k?
Would you add a costs order to the application? Do I need a different form for this?
Thanks in advance

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1 year 8 months ago #505789 by .Charles
I would suggest marketing at the guide price by the estate agent and reduce by £5k after 3 months if there is no interest and to have liberty to apply for directions after 6 months.

If you are forced to make an application then you should add costs. As a litigant in person this would be limited to the court fee.

I don't deal with forms particularly but I would guess it was the D11 form you need.

Charles

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1 year 8 months ago #505790 by Rachel Munro
Thanks Charles,

The house been on the market for over a year, it does say on the order, liberty to apply for directors, what does this actually mean?

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1 year 8 months ago #505791 by .Charles
It means that the court will allow you to make an application for further directions. It has left the door open in case the order cannot be implemented which is common where there is an order for sale and a party reluctant to move out.

Charles

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1 year 6 months ago #506665 by Rachel Munro
Hi again

So I put in a draft order for the reinforcement of the court order for the sale of our jointly owned property which has been going on since 2017 and with ex still living in the property and frustrating the sale, I received a court date but now I have received an adjournment because my ex has now put in his draft application to buy my share of the property out. The applications are now going to be heard together.
This is great news maybe that finally I might be able to find a permanent home for our children after nearly 4 years BUT
how does this all work in court?

Will the judge consider this without proof of earnings? (he is self employed)

I want the property sold but I believe he cannot afford to buy me out. He has recently told me that he can get a buy to let mortgage and that he will be renting the property out.

Will the judge give him the opportunity to buy my share if I can prove that he can't afford to purchase the property?

He has previously defaulted on our mortgage payments, says he has a large debt owed to family members in his statement to the court and that he is desperate to pay this back to family members yet wants to buy my share and get further into debt which then in turn will mean not being able to pay his family back?

He pays Child maintenance payments that are equivalent of earning £15,300/year. I know he is self employed and he has a directors loan which hides his true income but how can I find out if he really can afford to buy me out and is there anything I can do to contest his application before it goes to court?

What i dont want to happen is for the judge to agree he can do this, give him the 56 days and it all fall through. I cannot afford to keep going back to court and I'm sure this is just another way to delay everything.

I would be so grateful for any advice offered

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