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!

Interesting turn of events!

Although the court order specifies that the sale of the FMH is supposed to be joint and that we are BOTH supposed to decide which estate agents to use my ex decided to go with her estate agent (whom she knows personally) and put the property on the market AFTER I had made the application to court. Imagine my shock when I just this second found out that the property is on a well known website!

I have been told by someone she knows that she is using this estate agent to "delay" the house sale for as long as possible and I believe this is true.

When I briefly spoke to the estate agent last month I told him that we had not agreed to the sale and not to do anything, he has gone ahead and done it anyway.

So my dilemma is when I go back to court to enforce the court order she will say that she has already complied with it, although in reality she hasn't, the house has been overpriced by c10K which is designed to put potential buyers off.

Disgusting behaviour and I don't know how to proceed.

Help appreciated

Just to add to this...

I managed to find a property ombudsman Code of Practice for Residential Estate Agents report which has a section stating:

"5e You must give your client written confirmation of his instruction for you to act in the buying or selling of property on his behalf. You must by law give the client written details of your Terms of Business including your fees and charges before he is committed or has any liability towards you"

I've a mind to report him and also get someone I know to show interest in a viewing just to see to what extent he and my ex will go to to dissuade potential buyers!!

Hi all,

I sent off the court application with additional evidence. The hearing is scheduled for 30 mins and although a definitive date hasn't been set yet it should be within the next couple of months.

The question I have is should I prepare something in advance other that what I have already provided to the court within the application i.e. some sort of case summary, position statement or skeleton argument or will the DJ use the what I submitted with the application?

Many thanks

ME449

Any help appreciated...

Cheers