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History: Home UK Divorce Forum
Topic:
Court order to sell house but Ex is delaying things (7 Posts)
Started By:
Date:
17 October, 2017 09:23AM
Court order to sell house but Ex is delaying things
puma931 - 17 October, 2017 09:23AM
Hi,
Can anyone confirm what the process is for going back to court to get a house sold i.e. get the Judge to take control and force the sale through.

I have a court order which includes a section that says the house should be sold forthwith.
My Ex has agreed to an offer, but for four weeks now she won't confirm which solicitor she will use to deal with the sale. She claims she will only do this when she finds somewhere to move to first, but there is not much available etc.

The estate agents and buyer are losing patients and there is now a risk we will lose the buyer (I have records of all the emails etc).

I can't afford a solicitor anymore so what is the process of going back to court?

Thanks

Mathew
Re: Court order to sell house but Ex is delaying things
jill_of_all_trades - 17 October, 2017 09:35AM
Check your financial order. Ours says we are both responsible for the sale which I took to be pretty standard. If yours says the same I don't see why you can't just choose the solicitor yourself as she has been given ample time to do so.

(I made sure our financial order also named my divorce solicitor's firm as the conveyancing solicitor.)
Re: Court order to sell house but Ex is delaying things
jill_of_all_trades - 17 October, 2017 09:35AM
Check your financial order. Ours says we are both responsible for the sale which I took to be pretty standard. If yours says the same I don't see why you can't just choose the solicitor yourself as she has been given ample time to do so.

(I made sure our financial order also named my divorce solicitor's firm as the conveyancing solicitor.)
Re: Court order to sell house but Ex is delaying things
davidterry - 17 October, 2017 11:34AM
>>I made sure our financial order also named my divorce solicitor's firm as the conveyancing solicitor.

That was not a sensible decision. If a particular solicitor is named as the conveyancing lawyer in the order what incentive does that solicitor have to offer a low price? None. You are stuck with whatever price they choose to charge. The fact is that conveyancing is a competitive business and therefore it makes more sense to get competitive quotes from conveyancers rather than a divorce firm which also does the odd spot of conveyancing. Your divorce solicitor will also, incidentally, pay itself any money you may owe them from the divorce from the net proceeds of sale due to you before the money is sent to you.

The preferable wording by far is something like 'such conveyancer as is agreed between the parties or in default of agreement as determined by the court on an application in writing without a hearing.'
Re: Court order to sell house but Ex is delaying things
puma931 - 18 October, 2017 12:50PM
The court order state, "the parties should agree to the identity of the solicitor to undertake the conveyancing work in connect with the sale of the property....

What is the process / form to refer this back to court??
Re: Court order to sell house but Ex is delaying things
puma931 - 23 October, 2017 01:47PM
Not sure what the process is but today I emailed Family Enquiries at the Family Court requesting a referral to the District Judge that made the order and stressed its urgent as we may lose the house sale....

Has anyone experienced this? What did they do to make the house was sold??
Re: Court order to sell house but Ex is delaying things
davidterry - 25 October, 2017 01:42PM
Unless it says otherwise in the order (and sometimes it does by referring to such disputes being determined by a judge on the basis of documents only) the procedure is that you have to pay a fee and make an application. In this case before making such an application you would write to other side saying, 'Unless you nominate a solicitor (or whatever) within the next seven days I am going to make an application to the court and ask the court to order that you pay the costs of the application'.
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