Yes, twice, and self repped, found it straightforward and both times the Judge was very patient. I was successful on both occasions.
Keep to the points, keep emotion out of it, don’t talk until your spoken to etc etc
My ex was living in the house, wouldn’t sign agents documents for it to go on the market. Judge gave me sole conduct. Ask for sole conduct, makes life much easier! Make sure you agree minimum sale price. If you then get a buyer for that amount or more you can accept the offer.
If you’ve made the application then the Judge will come to you first to ask why you are attending court. This is just a short statement as per the D11 application. So “I have been trying to get the FMH on the market for the last x number of months as per our Consent order but unfortunately “ex” hasn’t been cooperative”
They will then go to your ex for their response and then back to you and so on. The Judge will take charge and will make a decision at the end. My order included a point that said “the respondent shall be cooperative in the signing of any documents” so it was there in black and white that he had to comply.
Not sure about the Court having control of sale, why not ask for sole conduct? That way you have control over what’s going on with the agents etc?
there was a sum of money ordered to be paid over a year ago, failing this the house was to be sold,we received a letter from a company to say he was remortgaging and would we remove my name off the restriction, once the sum had been paid, nothing was ever heard from here so this is the first time I have had the spare money to pay to enforce it. I have done all the paperwork and have a date pretty soon for court. yes I could ask for sole conduct but i do not live there he still does and not sure how this would work.
I didn’t live in my house either, my ex did but I had sole co duct. Estate agent can have a key to do viewings etc.
Sounds like he is remortgaging to buy you out if you have received that letter? Hopefully that is the case and you will receive the money soon as this will be resolved far quicker than selling on the open market.