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History: Home UK Divorce Forum
She is threatening to block matrimonial home (3 Posts)
Started By:
03 February, 2017 03:54PM
She is threatening to block matrimonial home
Icantsay - 03 February, 2017 03:54PM
Hello. Finally I got the decree nisi granted on 13 th July 2016 and agreement reached that the matrimonial home should go up for
sale and my solicitor will pay her share, which has been agreed by both parties.it was also agreed that she will sign the decree absolute at the same time when she get her share of the money. I wanted to put the property for sale soon after I got the decree nisi
But she kept saying that she and her partner will the matrimonial home in October 2016.I gave her enough time up to January 2017 but she has been unable to come with the funds therefore I decided to put the property for sale and today I received an offer which I want to accept but she is threading that she is going to block the sale, I asked her on what ground, she said I want to obstruct the sale, the thing is I am paying the mortgage and all the bills for the past 14 years, she has never paid a penny for anything. She got her solicitor to get in touch with the estate agent that she is not going to sign to sell the house, can you please tell me can she and her solicitor do this? Does this help. The house is on my name I bought it years before I met her, but last year when divorce was going through her solicitor put her name on the land registry.
I don't want to loose the sale of the house, please reply as soon as possible. Many thanks.
Re: She is threatening to block matrimonial home
davidterry - 03 February, 2017 05:36PM
Assuming there is a court order providing for the sale you should tell her in writing that unless she applies for the decree absolute in the next seven days you will apply for the decree absolute and you will ask the court to order that she pays the cost of the application. Then you enforce the order for sale, if necessary getting a judge to sign the sale documents on her behalf and seeking the costs of that application from her too. You need first to get decree absolute because in general final orders about finances are not enforceable until decree absolute (and the court order in your case will probably use words to that effect even if the significance of the actual words used is not obvious).
Re: She is threatening to block matrimonial home
Icantsay - 06 February, 2017 08:56PM
Hi David. Appreciated for your response and advice. Yes the court order is in place and finally the things are moving my way property is up for saleI will let you know soon after I can get decree absolute.Thank you very much.
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