Sale of House

I am due in court next week.

I am hoping the judge will order the sale of the FMH. My ex is living alone. It is a 5 bed house that he has no use for. My ex does not want to move. The judge has already given an indication that he will order a sale.

Can anyone advise me on what terms I should be looking for. My ex has a habit of stalling. He still after three years has not provided disclosure. If he is left to organise the sale etc it just wont happen. But I haven't lived there since 2018 and he wont let me in the door.

What things could I ask the judge to do to protect to my interests.. I don't want to have to keep going back to court it has taken long enough.

There are various factors which can delay the sale of a property and which might end up with you making an application to enforce the order in 6 months time. Here are a few things you can ask for:

The property be marketed for sale immediately. Take details of local estate agents to the hearing if you haven't already got some market appraisals as it's easy to offer up details rather than have the parties agree the identity of agents after the hearing.

The estate agents provide assisted viewings. You don't want your ex there to put people off. It could be that this is a standard request in these covid times.

Your ex make the property fit for sale e.g. tidy the house and grounds and agree not to do anything which might actively put a buyer off.

If there is a dispute as to the marketing price, take market appraisals to the hearing as the Court can set a floor price which must be accepted if this is offered by a buyer. You don't want your ex refusing to accept an offer as the property is worth more. Estate agents record the viewings and the offers and provide reports which will help if a reasonable offer is not accepted but to avoid making an application a floor price is useful.

Charles