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History: Home UK Divorce Forum
Topic:
House sale court hearing (6 Posts)
Started By:
Date:
10 June, 2017 11:26AM
House sale court hearing
zerosugar - 10 June, 2017 11:26AM
Hi, after some advice about a court hearing early next month.

My wife left me in 2012 and divorced me in January 2014 without a financial order and remarried in 2015, she has now decided that she wants 50 % of the equity on our home and is forcing sale.

I am willing to sell but contest the 50% anyway my question is, is it best to attend the hearing in person or simply present my written evidence when I acknowledge the claim with the court?

I was recently made redundant and the cost of a solicitor is beyond me at the moment so will doing this myself

Also an insight into the procedure would be useful, I have been sent a Claim Form ( CPR8 ) an Acknowledgement of Service ( Part 8 claim) and a Notice of Hearing.
Is the upcoming hearing just a chance for the Judge to go over the claim ask questions etc, I assume no decision is made at this point or am I wrong?
Re: House sale court hearing
jill_of_all_trades - 12 June, 2017 11:19AM
Not a solicitor but I would attend in person. Unless it is a VERY long marriage points to be made are that she hasn't contributed to the house running costs/mortgage since 2012(?) and therefore the 50% equity share should be reduced. Also you have been made redundant and whilst her housing needs have been met within her remarriage your housing needs are under threat due to your current lack of income.
Re: House sale court hearing
davidterry - 12 June, 2017 06:03PM
This looks as though your ex wife is making a civil law claim to a half share of the house on the basis of her joint ownership. If that is what she is doing it is probably because she has lost her right to ask the divorce court to settle the issue because she has remarried. If you have not remarried you may well be able to make a claim to a divorce court to settle the financial issues arising from the marriage. If you do that then the proceedings your ex has initiated in the civil courts would probably be adjourned to enable the application in the divorce courts to run its course. The point is, the divorce courts have a much wider discretion as to the outcome that the civil courts do.

This is a complicated situation. You would be wise to seek proper advice about it. In any even you should not ignore the notice of hearing. If you do not attend court appointments the court can make whatever order it thinks fit in your absence and may also order you to pay costs. Ignoring the notice of hearing should not be an option.
Re: House sale court hearing
sharon2017 - 12 June, 2017 06:24PM
>>jane thank you so much,thank GOD you have contacted prophet luba,

Oh, dear, another 'Prophet'. These people can never be plain 'Mr' or 'Ms' can they?



Edited 1 time(s). Last edit at 13/06/2017 08:30AM by davidterry.
Re: House sale court hearing
zerosugar - 13 June, 2017 10:21AM
Thank you, The hearing is 5th July so I do not think I will have time to go down any other route. I really could not afford the costs right now.

She is telling lies on pretty much every point on the Claims form, the dates she left, claiming she has paid towards joint debts she also states that I refused mediation when in fact she backed out after the first session. I also have written evidence that up until October last year she just wanted her name taken off the mortgage and had made no claim on the equity at all.

I have evidence to disprove every point she has made so i feel i have a good case.

On the Acknowledgement of Service it has various tick boxes, the two that seem relevant are

B- I intend to contest this claim
E- I intend to rely on written evidence

If I go in person will the Judge have time to look at my evidence or do I send it in with my acknowledgement even if I intend to attend anyway?
Re: House sale court hearing
davidterry - 16 June, 2017 04:27PM
>>The hearing is 5th July so I do not think I will have time to go down any other route. I really could not afford the costs right now.

1. You do have time.

2. Having the matter decided according to civil rather than family law is almost certainly prejudicial to you.

3. You are an adult and free to make your own choices including ignoring the above.
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