Re:Court order for sale of house

My ex and I have our decree nisi and have had the first directions appointment. Initially he agreed to sell the house - owned outright - and we have a cash buyer who made an offer in June. However then he suddenly dsecided not to sell stating the price was too low. We have now had an independent valuation stating the offer is great and should be accepted. We are now going for a court order at the same time as the FDR to sell the house so we don't lose the buyer. There is enough money to rehouse me and the kids and him as he would only need a 1/2 bedroom place. My solicitor says that it is tricky as we are going for a sale order prior to the final hearing. Is this right? Also if we go for a court order and win would he have to pay my costs?

A judge can`t order the sale of the house at FDR, you may have misunderstood your solicitor, only at a final hearing can an order for sale be made, the only chance you have is if he agrees at FDR after the judge suggests it.

I am not sure .... I expect it would be feasible to ask a judge to order the sale ... but whether the order would be made is another matter. The issue re division of finances would surely be what happens to the proceeds? I would imagine that they would need to be held in a solicitors' account until there is an agreement or order at FH.

Hadenoughnow

It would be possible to apply the court to order a sale but this would have to be a standalone application. The most the Judge could do at the FDR hearing is to say that sale of the property would be a good idea - providing that it is.

If one party does not wish to sell the property and the other party does, the matter will have to go to trial.

As for costs, each party will bear their own costs unless one of the parties is being completely unreasonable in which can an order for *some* costs *may* be made. The court sets a high bar in family proceedings which you must cross before you pay or receive a costs order.

Charles

Thanks for your replies. It is definiately a court order for the house sale we are going for - the barrister has come up with a very creative way of using a case to rely upon. The ex did initially agree to sell the house and then just backtracked to be awkward. The house is huge - too big and expensive for me and kids to upkeep and we need sale proceeds to be rehoused. We no longer wish to live there and he is forcing us to. The angle we have is that the offer is more than the valuation and is we lose the buyers it may take ages to find another one in such an uncertain market

I agree Had, you can ask what you like at FDR but the judge is limited in what can be ordered, sale of the matrimonial home is beyond the scope of FDR, i can`t think of a situation where it would be feesable, at a final hearing where judgment is handed down yes, at an FDR which is basically a without prejudice negotiation no.