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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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.


Court Order enforcing sale of property

  • PHitchen
  • PHitchen's Avatar Posted by
  • Junior Member
  • Junior Member
More
01 May 12 #327718 by PHitchen
Topic started by PHitchen
Hi, I have a court order approved by a district judge in Sept 2010 which states that I have to either repay 15K to my ex before June 2012 in one lump sum (there is a legal charge on the property)and if I do not make the payment then the order states that the property will be placed on the market for sale on the 7th July 2012 and after discharging the mtg, estate agents fees and legal costs in relation to the sale the net proceeds will be paid out as 15k to my ex & I will get the balance.

However this is where my questions come in!:(

When the house is placed on the market in July & eventually sold after paying all of the above the net proceeds will probably amount to no more than 3k. I don''t have a solicitor as i cannot afford one but would like to please know if anyone can advise as to what my position is legally if I can only pay my ex 3k after the sale of the house.

No where in the order does it state anything about what happens if the sale of the property fails to generate the 15k which is to be paid to my ex.

The only text that i didn''t understand was "There be liberty to apply as to the implementation and timing of the terms of this order"

Any advice or help would be much appreciated, thanks in advance :)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11