Enforcing a court order

Hi all,

As per court order the FMH is due to go on the market at the end of this week. The ex has obstructed the entire divorce process and is now attempting to obstruct the house sale. I’m going to submit an application to the court on Monday and request sole conduct of the sale. Even then I believe the ex will still attempt to obstruct the sale. The only way she will cooperate is if she is set to lose something, namely some form of financial loss.

I have heard that in certain instances the court can order a house to be placed on auction by a certain time­frame­, eg 6 months of being on the market.

Has anyone heard of this before and would this be something I should request on the application along with sole conduct of the sale?

The divorce was finalised over a year ago and I naively voluntarily offered ex to stay in the house for an additional year to prepare. The ex did nothing with this and just used it to add to the delay.

I petitioned in 2014 and it’s still not resolved. I just want an end to it so that I can move on!! 

Help appreciated...and needed

Thanks

The court can make all sorts of orders but as you now realise it is very easy for the person who remains in residence to frustrate the process.

Having conduct of the sale won't stop your ex from frustrating the process.

You need to have set boundaries e.g. the property should be kept tidy, the viewings are conducted by the estate agent by appointment in the absence of the ex, any firm offer over £x should be accepted.

The last of these is important as the price can be set and if there is no interest you can apply to the court to lower that price.

Charles

Thanks Charles, very very frustrating, especially when one party acts fair and reasonable throughout!