Can the house be sold at auction?

My partner has been divorced for five years. He has a court order stating that the former matrimonial home must be sold, but his ex-wife and children can live in it until then. They pay half of the mortgage each. The estate agent agrees with him that the property is over priced. Although she has agreed to reducing the price slightly, she will not agree to lower it any more. In the five years that it has been on the market, they have not had any viewings.

Can my partner insist that the house be sold at auction without having to go back to court?

He can`t do anything on his own, he can take it back under "liberty to apply" and have the order enforced, judges rarely order property to be sold at auction especially if children live there, what will probably happen is the asking price is reduced to a realistic level, the judge may also order the sale of the property be handled by your partner to prevent further undue delay.

Five years divorced or five years since he left her? I have never heard of a property on the market for five years wihout a single viewing. Please send me the property details by PM and I'll take a look.
No,he can't go to auction without the ex wife's agreement.
Auctions are for those facing repossession. No court would agree. The mother of his children is not in that state. She is providing the original roof over her kid's heads. How on Earth did the mother and children lose their home?

You say the EA says it's overpriced? Of course he would. He wants a sale. Look at the figures. The EA agent stands to lose a hundred or so if selling price is reduced by thousands.

I'm sure you wish to move on with your new fella, but his original family come first.

They have been divorced for five years. He did not 'leave' her. She instigated the separation but he agreed to move out. There have been no viewings on the property in five years. My partner has obtained several estimates from agents ­base­d on the details available on the current agent's website and the original valuation. All agents have stated that the property is grossly over valued.

Thank you for the advice regarding auctions and court orders. Comments about whose family 'comes first' are not helpful and should not be aired on this forum.

In short he needs further direction from a judge, the easiest way is to complete form D11 say what he wants to happen and staple a copy of the order he has to the form, i can`t remember the cost but i think its around £90, it would be wise to attach what evidence he has EA valuations or recommendations ect and letters sent in the hope of resolving the problem.

It would be helpful if you could post the exact wording of the order pertaining to the property sale, the devil is in the detail as they say.

Sara, no viewings in five years? That's impossible. Have you had a feed back sheet from the EA? That should tell you whether anyone wanted to view etc.
As for the "First Family", not my idea but law I'm afraid.