Re:Enforcing a Court Order to sell property?

After very long and bitter divorce proceedings we had final hearing two months ago and Court Order was made stating that stbx should sell FMH 'forthwith' and proceeds split equally. Stbx is living in the FMH whilst I rent. Problem is that stbx is refusing to put the FMH on the market. He is using every delaying tactic he can think of. I have paid my half of the cost of the HIP but he is refusing to do same. Judge stated which Estate Agent should be used to market property but the Estate Agent has had no luck with getting stbx to agree to market property or to arrange access to property to take photos and measure up etc.

I have spent in excess of 30k on legal fees and am at breaking point financially and emotionally. I wrote to the Judge in desperation asking what can be done to get FMH on market but have had no reply as yet.

My question is.....Can I get the Court Order to sell the property enforced and, if so, how do I go about it? Solicitor tells me I need to take over this myself as she is concerned about my costs - feeling somewhat let down by whole legal system!

Any advice greatly appreciated.

If you name is on the deeds/mortgage, you have no orders to stay away from the property you can enter it yourself.

You arrange a meeting with the estate agent when you know he is not there. You are allowed to enter the property. You can let the estate agent in, let him take pictures etc.

If the court oder states this, then this is what has to happen. The judge has even detailed the estate agents to be used. So get in the property yourself, get it on the market. You do not need his permission to do this. It might shock him when a for sale board goes up, but, tough.

As far as the price is concerned the estate agents will show you comparables, (houses in the area the same, and for what they have recently been sold for, and are also on the market for)

Other than taking the bull by the horns and railroading the matter, you might end up having to take this back to court, which will cost you money. TBH you do not need to do this at all. Just get on and do it yourself.

He cannot stop the sale, he cannot prevent you from entering the property with the estate agent.

This sort of situation I have experienced recently, and it all just boils down to railroading, ignoring negative requests and behaviour from him.

If you cannot enter the property with a key, then you have perfect right to break a window, or take a locksmith with you.

If you do nothing, then that is what will happen, if you take control, then something will.

Good luck

zara

Sound advice there Zara. Just wanted to add, always have a witness with you when you go near/enter the property during such circumstances. Prevention is better than cure!

Elle x

Thanks, both of you, for the advice. There are children involved who will get told things like -'she has broken into the house' 'she is making me sell the house' 'I will have to live far away and will not see you' Parental alienation has been ongoing issue and I have tried to limit the damage but whatever i do these things are said and lots of damage has been done anyway.

Hi
I have been posting a similar thread - the house is in my SOLE name and always has been, but I have a Consent Order to pay my ex £60K + 6.5% interest by 1st June 2009. If I can't raise the money (I have 75% equity but still cannot get a re-mortgage) or sell my home by then, could he force me to go to auction to sell? I'm pertrified that if that happens, I will be homeless and unable to get a new mortgage as I was made redundant last September. Any reassurances would be greatly appreciated!!! Deb.