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Power of Attorney

  • deve
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  • Junior Member
  • Junior Member
22 Oct 07 #5088 by deve
Topic started by deve
My ex2b is planning to move abroad in the next month or two. Not only is he running away literally but he is ignoring from the fact that I need his written consent with a solicitor to allow me to sell our properties. If he does not sign over power of attorney to a solicitor or family member before he leaves, can I apply to the courts to sell our assets without his consent as he will now abroad at an unknown address and is no longer paying the joint mortgages?

Deve x

  • DownButNotOut
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  • Visitor
06 Nov 07 #6032 by DownButNotOut
Reply from DownButNotOut
I don't know the detail of how this happens, but I can confirm that as part of Ancillary Relief proceedings if one party is non-contactable / non-cooperative and all reasonable efforts have been made then a Judge can sign an order for sale on the marital properties.

  • wscowell
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  • Elite Member
  • Elite Member
07 Nov 07 #6054 by wscowell
Reply from wscowell
Spot on. The Court has this power, s39 Supreme Court Act 1981. And they will use it if asked and there is good reason, as in this case.

Will C

  • deve
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07 Nov 07 #6085 by deve
Reply from deve
Thanks guys for the advice, I shall speak to my solicitor about it at our next meeting and see if this can be implemented.

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