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financial order - ex spouse breached

  • ferby24
  • ferby24's Avatar Posted by
  • Senior Member
  • Senior Member
25 Sep 18 #503993 by ferby24
Topic started by ferby24
Hi, thanks in advance for taking time to read this,
I finally got a financial settlement order made by district judge in February, it said one BTL property's was to be sold with 94% of the equity to me & 6% to exh. Which is fine however ex refused to sign agent or solicitor paperwork even when a sale was agreed at a price he was happy with, I had to file a D11 to court which took 2 months to be heard & "enforced", during this time the tenants moved out and I have had to pay the mortgage & council tax which he is refusing to pay his share of. What I find appalling is the fact the judge gave him not only 6% when I have incurred all legal costs due to his lack of co-operation but also gave him shared conduct of sale dispite his continued obstructive and abusive behaviour. I had a barrister with me at final hearing & had stressed I wanted sole conduct of sale or for their to be penalties iF my ex caused issues, but this obviously wasn't conveyed. Now I'm out of pocket again due to his continued abused and efforts to cause distress. Is there any way I can ask the courts to re- evaluate the order or try to recover the money through a small claim.?

Just for additional information he got the other smaller BTL (tiny mortgage on 50k salary) which he's spent a small fortune doing up while I got the run down FMH which is on a 50% shared ownership lease with a part time zero hours job, so don't think I'll be able to even secure a property of my own with the settlement. :S

It just doesn't make sense for the judge to have done this instead of adjusting the pension split to me!

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