A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Section 14 Trusts of Land and Appointment of Trust

  • Post
  • Post's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Mar 12 #320847 by Post
Reply from Post
I am the buyer of a vacant chain-free property.
The Vendor (ex-wife / ex-partner)is divorced / separated from Mr ##. She`s been selling the porperty, and there is a Court Order on the property referring to Section 14 of the above Act.
It is the seller`s solicitor that would refer to his litigation department to refer the matter back to Court.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
30 Mar 12 #320850 by cookie2
Reply from cookie2
Oh right, sorry! Got it now. The husband is not your ex-husband but the ex of the seller.

Yes, the ex-wife would have to apply to court for enforcement and do all the leg-work here. It could take a week or it could take a year or more, there''s no way to tell and nothing you can do to speed it up. You could ask them how long they think it will take, but I wouldn''t expect them to have any idea either. It''s a completely unknown gamble, whether it''s worth holding on or looking elsewhere I suppose it depends how badly you want the house.

  • Post
  • Post's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Mar 12 #320852 by Post
Reply from Post
Thank you for all the helpful comments. I am waiting for such a rough estimate of time frame, although they refused to provide one yesterday.
Otherwise we have the Contract , Transfer form Etc., we are really waiting only for that one signature from Mr ## or the Court...
I had been informed of the absence of Mr ## only a week ago, so I would really question the code of conduct of the Agent and / or vendor`s side as well for not disclosing such a vital piece of information to start with.

In the meantime I instructed my solicitor to proceed but not get bound into an Exchange until a completion date has been confirmed.

Tired as I am I can only push on and carry on viewing, I`m afraid.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
30 Mar 12 #320855 by cookie2
Reply from cookie2
Hmm, they have no duty to disclose their marital status unless they know it is going to cause an issue for you. They surely did not know that the husband was going to refuse to sign, until they actually asked him to sign.

If they did have reason to believe that the husband was going to be a pain, then I think yes, they should have disclosed this. Any costs that you have incurred due to the non-disclosed information could presumably be levied against them. For example if you decide you''ve waited long enough and decide to find elsewhere to buy, you might be able to claim your wasted costs from them. But if they genuinely did not know that the husband was going to refuse to sign then it''s hard to see how they can be held liable.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.