How do i obtain possession of matrimonial home?

thumpertwinkle

Land_Registry_representative wrote: »

You refer to him as your ex-husband so I assume you are now divorced.

As such how is the property registered - in joint names or a sole name and if the latter has he registered his rights to occupy the matrimonial home?

This information may assist others on explaining next steps although if you have been to court and they have ordered the sale in my experience if the sale does not go ahead then you go back to court as a result to explain why and the process goes to another level.

Based on the current information and the fact that your buyer is now worried about a 'sitting tenant' I suspect that he has no registered or legal interest any more as in any other circumstance it seems unlikely that a buyer would have got to this stage without being sure of the wider issues involved.

Yes we have been divorced for 2 years. The property is registered in joint names. The buyer is aware of the issues with the ex. Thanks for your information re. it would go back to court if something went wrong.

moneyistooshorttomention

All round, I'm getting the distinct impression that your ex has swopped from harassment by physical violence (or the threat of) to harassment at the hands of putting you through endless legal battles to fight him in courts.

Hope this works out for you soon.

Now wondering whether putting someone through endless court battles counts out under the definition of harassment in that Act I'm sure I recall has been made recently to protect people from harassment.

It does sound like he is trying to "knock the stuffing out of you" and grind you down gradually. My sympathies on that and fingers crossed for you.

thumpertwinkle

Yes he is!! I will get through this, got this far, he won't beat me.

Land_Registry

thumpertwinkle wrote: »

Yes we have been divorced for 2 years. The property is registered in joint names. The buyer is aware of the issues with the ex. Thanks for your information re. it would go back to court if something went wrong.

Thanks for the additional information - in my experience then and from simply a registration perspective we would need a Transfer from the two of you to the new owner in the same way as any other sale/purchase.

The expectation of the court re such orders is that they are complied with so if not then it is back to court, explain what has happened and why and the judge has the option to then execute the Transfer if they so choose.

Often such cases involve the Transfer from the two to just one and not the actual sale itself so they may go that route. Something others may be aware of here although any legal advice should cover it for you.