Ex not complying with Consent Order

Hi everyone,

I’m new here – wish I’d discovered this site before I got divorced.

My ex-wife and I got divorced last year, but our Consent Order was only finalised a few months ago.

She is living in the formal marital home and, despite the fact that it was a short marriage, she earns more than me and we have no children, I have to pay her maintenance towards the mortgage. (She was having an affair but I agreed to let her divorce me on unreasonable behaviour to avoid a costly contested divorce - more fool me).

We agreed the Consent Order on the basis that the FMH would be put on the market ASAP and sold for the best price reasonably obtainable. However, it has been on with three different estate agents (all of whom picked by her) over the last year and we haven’t had a single offer.

Despite the fact that the order clearly states that both parties have the conduct of sale, when I have contacted the agents for updates, they refused to talk to me because I was not named on the sales documents.

From looking online and talking to several local agents, it is clear that she is deliberately marketing the property at well above the market value to ensure that I have to continue subsidise her lifestyle. Do I have grounds to ask for the order to be varied? I'm at the end of my tether and really can't afford to instruct my solicitor again.

Look at the order you have for "Liberty to either to apply as to timing and implementation" then write to your ex giving her say 2 weeks to have you listed on the sale documents and the sale price be reduced to market value.

If no joy then yes its back to court so the judge can order what needs to be done.

This is a common problem sadly and by writing and giving her a chance to do what she should it shows your doing all you can to resolve the problem.

Make sure you send it recorded and add that should court be required you will seek a costs order meaning she may have to pay some or all of your legal costs, it usually does the trick.

Thanks Dukey, unfortunately we don't have those terms in our order. We're due back in court for a directional hearing in a few weeks time.

Is your name on the Land Registry deeds for the house fedup?

Yes it is.

I kind of assumed all estate agents had to do a check on ownership and have the written consent of all owners and agree the price before marketing a house?
ie that's what a few estate agents have told me - my ex and I are also ordered to co-operate on selling but he's gone to earth.

It's frustrating isn't it? When my grandfather died last year, my mum and my aunt as well as my step-grandmother's children were all CCed in on everything to do with the sale of his flat so they could each see what was going on.