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Force Of Sale ?

  • scottishlady
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02 Nov 07 #5775 by scottishlady
Topic started by scottishlady

I wonder if anyone can avise me on whether my X2B can apply for 'Force of Sale' on our home?
He left our home over 3 months ago.... he says he is living in rented accommodation (although I think he may be living with his new partner).....
I have just begun 'ancillary relief' proceedings... and we are not yet at the Decree Nisi stage....
My point is... that until I know what financial outcome we achieve I cannot make any plans re new living arrangements.... but I think he will want to sell the house ASAP to avoid paying any further mortgage payments etc...
Any advice would be appreciated
Thanks for taking the time to read

  • gone1
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03 Nov 07 #5786 by gone1
Reply from gone1
In a word no. He cant sell it. If there are on-going proceedings things like repo, sale of assets are all on hold. U should register your interest in the property with the land reg and U will be notified if he tried to off load it. Keep calm and wait until proceedings are underway. U will have some idea of the direction your life will take once U see his form E. At the moment all is up in the air. It would help U greatly if you knew waht you wanted. This should go in your form E. Chris

  • scottishlady
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03 Nov 07 #5789 by scottishlady
Reply from scottishlady
Thanks for that reply Chris.....
Yes, I have registered the marital home rights already....
"If I knew what I wanted".... do I just try to figure out what I think is fair?....
I went through my form E with my sol at our last meeting.... and she has written that I want my 'housing needs to be met'....
We were supposed to exchange form E's through our solicitors... but, since it seems that my X2B is being dishonest already regarding his financial situation, she recommended that we go through the courts...
It kind of looks as though he has 'offloaded' approx 20K... claiming to have 'lost it gambling'....but, as a very wise man from this site (that'll be you then:) ) once told me - "money leaves a trail"... so, I'm not unduly worried about his offloading of assets...
Will my sol 'guide' me towards what hopefully should be a fair settlement?.... or do I have to work it out myself?

  • Sera
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03 Nov 07 #5797 by Sera
Reply from Sera
scottishlady wrote:

he has 'offloaded' approx 20K... claiming to have 'lost it gambling'....

In my first divorce, my ex also told the judge (under oath) that he had a gambling problem. That he took many thousands of pounds to a casino. (We were both members, and cash exchanged over a roulette table is not recorded to my knowledge), although membership is required, and entry recorded, this is not the case for betting shops, and illegal gambling dens (mates playing cards in kitchen etc).

However, his disposal of assets would be frowned upon in court. Your reward will be made from the main asset probably, (the house). Get your sol to ask that the Court do not allow sale of the home until AR sorted. (Our judge did that in 1999) We had a buyer lined up, (both agreed to sell) but told Estate agent that we could'nt 'complete' until after final Hearing.

That way, even if he has lost £20k gambling, the judge can still award a larger amount to you from the house.

(After Hearing, I told my ex, either he was straight about where the money went, or I'd delve deeper, believing also that money leaves a trail).... Ex then took me along to local Nat West, and had key to Safe Deposit box containing many ££££ in $$$ US Dollar bills.

He soon enough declared those.

  • scottishlady
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03 Nov 07 #5799 by scottishlady
Reply from scottishlady
Thankyou Sera....
Yes, I will ask my sol to make that request to the court re 'sale of the house'
I am hoping that, as my sol said, and members on this site have commented, that even if he has 'disposed' of this money (which I'm sure he hasn't)... the court will award me an extra percentage of the house sale to 'make up for it'....

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