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conduct of sale being abused

  • Thaumaturge
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14 Jul 12 #343085 by Thaumaturge
Topic started by Thaumaturge
My ex wife and I agreed a Court Order, which was granted five months ago . It stated that she had conduct of the sale for the former matrimonial home and that we would each pay half of the sale and conveyancing costs.

It appears that she has come to some sort of understanding with the nominated agent and solicitor to try and exclude me from the process. The agent refuses to talk either to me or my solicitor and the conveyancing solicitor continues to provide misleading information to me, omitting highly significant details. They both insist that they solely represent my ex.

I''m now faced with a situation where I''m paying 100% of the fees of my solicitor and also 50% of the fees of the conveyancing solicitor while they have arguments with each other. It''s obviously a nice little earner for them, but my savings are dwindling fast and I''m past retirement age, with no prospect of making up those losses.

It also appears that a the purchaser of the house has twice come to some arrangement with either the agent or my ex, concerning delaying the purchase ( now well over three months since since an offer was accepted ). At no time was I informed or consulted about the delays. Every time that I have enquired for the last three months, I was told that exchange is imminent once the last details are finalised.

What''s the best course of action ? My ex vowed that she would burn as much of my money as possible and spin it out for as long as possible. It''s over five months since the Court Order was granted and she has already breached it in other significant ways.

Is ''conduct of sale'' allowed to be exploited in such an unequal manner ?

Can the nominated agent and solicitor solely act for my ex and against my interests ?

What can be done to thwart her continued delaying tactics ?

How does one go about enforcing a Court Order ?

Any advice about how best to move forward would be most welcome.

  • LittleMrMike
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14 Jul 12 #343140 by LittleMrMike
Reply from LittleMrMike
I''m sorry, but this is not easy.

When my marriage broke up 30 years ago my solicitor said that the practice when the family home is being sold is that the spouse who lives there is normally responsible for the sale, for the severely pragmatic reason that it is much easier for that spouse to organise viewings etc.

Unfortunately, and as we know on wiki, it is not at all uncommon for one spouse ( or worse still, both ) to play silly beggars and simply refuse to co-operate. And of course this always drives up the costs. In theory this could be classified as litigation misconduct and be penalised by an award of costs but in practice this does not seem to happen
often.

I''m sure that the Court has the power to step in where it is clear that one spouse or both is obstructing the implementation of the order. The snag is that the obstructive tactics may be spread over a period of time and you need to apply to the Court and present clear evidence that your ex is being obstructive.

I''m sorry to remind you, but you do have a solicitor.

LMM

  • livinginhope
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14 Jul 12 #343144 by livinginhope
Reply from livinginhope
It is possible that the sale isn''t being delayed by your ex and the would be buyer is totally responsible for it happening.The housing Market is very slow at present and buyers are able to call the shots.Your ex could possibly be just trying to hang onto the buyer by agreeing to their demands.

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