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Loosing your home.

  • gone1
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25 Nov 07 #7627 by gone1
Topic started by gone1
As some of you may know I am trying to get the money toghether to pay off my ex. I have recieved a letter from my ex's solicitors saying if they cant get the money from me they will force the sale of my home. Can they do this?

I have something called a "Heads of agreement" which I think is a draft order. Now to my mind I think this draft order is non binding as I havent signed it. The judge signed it. Is this binding?

To be honest I am cacking myself. I have worked so hard to get where I am and I have come away with nothing. If I lose my home I will be out on the streets. I cant beleive that a court would order this. Am I wrong? How usual is this?

Chris.

  • DownButNotOut
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25 Nov 07 #7629 by DownButNotOut
Reply from DownButNotOut
Chris,

FYI - the blog link in your signature does not work.
(it may work for you but not for others).

You need to replace it with:

www.wikivorce.com/joomla/divorce-blogs/243-My-Story.html

  • attilladahun
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25 Nov 07 #7641 by attilladahun
Reply from attilladahun
If the Judge has approved it -it may be binding

Sometimes the Court cannot make an order because a condition exists which needs to be satisfied

As an example I had on elast week where the parties agree terms but it is conditional on the sale of the FMH taking place before the end of the year as H can't afford to pay the outgoings indefinitely the Judge has approved MOAgreement so when exchange and completion takes place the MOA can be lodged at Court (usually signed by the parties)
Hence a Xydhias agreement exists which CAN be enforced

3 conditions needed:

1. Agreement proved
2. Person enforcing ie your Ex has not resiled from agreement
3. Court approves MOA and says it is fair

Hope this helps

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