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History: Home UK Divorce Forum
Topic:
Breaching court order after absolute house/financea (3 Posts)
Started By:
Date:
26 June, 2017 06:19PM
Breaching court order after absolute house/financea
Stuckandstressed - 26 June, 2017 06:19PM
This may be a long post but I need advice.

I finally got my decree absolute and a financialq order after 2 years of battling my ex. I paid over 50k in legal fees and to be honest I got a pretty rough deal.

My maintenance payments are NOT split into spousal and child which means they don't decrease as my children become adults. The marital home has been ordered to be sold and My ex has been awarded the entire equity of the property to rehouse with the children. I have been left with ALL of the marital debt (including credit cards, joint bank accounts and even loans for things attached to he house like extension and conservatory etc) I have also been ordered to continue to pay the mortgage for the house until it sells (I do get this back upon sale)

My issue is that since the court order was granted my ex has done absolutely nothing. The order stated that I all assets in the house are to be divided equally and that I must give my ex 48hrs notice should I need access to take inventory or anything. I have given her notice and she won't let me in he house. She has written emails saying she will not let me in and I do not need access even though it is outlined in the court order.
There are some basic works needing done to the property i.e. Some painting and fixing a door etc, again in the court it states I will be responsible for paying for these works if my ex and I agree on costs as I will be refunded from the sale of the property. She refuses to let me come and check what work needs doing.

The house has to have the extension signed off by the planners, she won't allow access and said I can just send workmen or planners round and she will tell them what needs doing (bearing in mind I'm paying for this)

She refuses to put the house on the market and has made no attempts to instruct an estate agent. As she is living there and won't allow me access at all I don't know how to deal with this.

As I have been left with every item of debt (even debt she accrued on her own accounts after I left!), still paying mortgage for the house, paying for rent in my own house plus giving her maintenance payments I am in a financial hole and can't afford to go back to court (I don't know if I have to or what' happens if she doesn't abide by the court order)

to make matters worse my work is restructuring their salaries so looks like I'll be earning less than I am now so how do I revise my payments to her if I'm earning less? Or do I have to keep the court ordered payments up?



Edited 1 time(s). Last edit at 26/06/2017 06:35PM by Stuckandstressed.
Re: Breaching court order after absolute house/financea
Stuckandstressed - 28 June, 2017 07:00AM
???
Re: Breaching court order after absolute house/financea
davidterry - 28 June, 2017 02:13PM
Bearing in mind that you are paying the mortgage and your ex gets the whole of the proceeds of sale apart from your mortgage payments it is not surprising that she is in no hurry to sell.

You will need to speak to your solicitor about implementing the order because what you can and cannot do depends upon the wording of that order. Unless the order says so I would be surprised if it permits you to enter the house to see what work needs to be done.
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