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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Selling the house

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04 Mar 08 #15727 by crusoe
Topic started by crusoe
I have been through the divorce and financial and my ex is entitled to 33% of the profits from the sale of the house. I have had 3 estate agents to value the property and have written to my ex twice to tell me which estate agent to use. He has not replied, and I have spoken to his solicitor and they have not had instructions from him. How can I sell the house without his say so? I need to sell to pay off debts as soon as I can and I think he knows that.

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04 Mar 08 #15738 by LittleMrMike
Reply from LittleMrMike
Is there a Court order here ?

If so does it give directions as to how the sale is to be
carried out ?

Does the order contain the words ' Liberty to apply '
which means you can ask the Court for directions.

Mike

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04 Mar 08 #15746 by crusoe
Reply from crusoe
yes, there is a court order.

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04 Mar 08 #15755 by LittleMrMike
Reply from LittleMrMike
A properly drafted Court order should make provision for these things. You now know why.

If you have ' liberty to apply ' then your solicitors should, I would have thought, threaten an application to the Court and to charge the costs against your ex's share.

Mike

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04 Mar 08 #15768 by crusoe
Reply from crusoe
thanks i'll get onto my solicitor, i think she's trying to 'pass the buck' i didnt know she could charge him as she said i would have to pay for a letter sending.

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