Jointly owned property being sold - desperate for advice please...

vanillacustardtart

I jointly own a property with my ex. I got a Court Order to sell it about a year ago, he was living there at the time and he had run up huge mortgage arrears and seriously annoyed the neighbours. He refused to comply with the Court order for it to be sold and so I went back to Court and a Possession Order was made ordering him to vacate and give me possession of the property and also that I have sold conduct of the sale. He didn't leave so I threatened to get Bailiffs to evict him last month and he finally left. It is now empty.

It has been put on the market and is getting plenty of interest. He keeps hassling the Estate Agents for info about the sale, wanting to be consulted over the price, the marketing and wanting to know about any bids etc. Estate Agent has been great and is very professional, he has refused ex all info as the Court order states I have sole conduct of the sale. But my ex has been in there again today asking to view the property to which he has been told no way (he only moved out a few weeks ago!). He has now said he wants to bid on it.

I really really do not want him to live there. It's a flat in a block and my elderly aunt lives there who I visit regularly. He has caused lots of noise and disruption for the other residents of the block and they sought legal advice at one point to see if they could have him evicted. The "residents association" who manage the freehold and do communal area repairs and maintenance have contacted me and requested it is not sold to him or a relative of his as nobody wants him back as he refuses to pay the compulsory ground rent charge and they have had to take legal action to try and obtain the money and he's generally pretty vile to have as a neighbour as well.

The Estate Agent has suggested we can either tell him a bid from him will not be accepted (but then he may be sneaky and get someone I don't know to bid and buy it on his behalf for him to live there- he's got the cash in full to purchase it) or to accept his bid and say it will be considered and then ignore it and sell to the next highest bidder.

Is there a legal definition in property law of what "sole conduct" means?

I've not sold a property before...Can I just pick and chose who I sell to, can I refuse to sell to him or a family member of his? Given he is benefiting from 50% of the proceeds of sale surely a bid from him may be considered corrupting the fair bidding for other interested parties?

Thank you for any help or advice you may be able to offer.

anselld

Sole conduct means you can decide what you like within reason.
Given your ex's history it would undoubtedly be seen as reasonable to ignore any bid from him or persons connected to him on the grounds that it was an attempt to disrupt the sale. In fact his behaviour is already verging on contempt of Court.

You would only get into difficulty if you were seen to accept a low offer from someone connected to yourself.

Land_Registry

Although you have not asked about what next re the actual sale if it is jointly owned then presumably the court order has instructed that it be sold so the two of you will have to do that.

If that has not happened and there is likely to be an issue around his cooperating e.g. you refuse to sell to him so he refuses to complete the sale to someone else then you are likely to have to go back to court.

As such it might be something worth considering in the wider scheme of things?

Nuttydj

Land_Registry_representative wrote: »

Although you have not asked about what next re the actual sale if it is jointly owned then presumably the court order has instructed that it be sold so the two of you will have to do that.

I don't know about these things but would the 'sole conduct' not over ride his ability to refuse?

lonestar1

tell the ea to allow him a viewing if he can show proof of funds

Unitoons

I'm not sure how he could put an offer in on a property he already owns half of? Surely he wouldn't need a viewing either - he has already seen the property!

If he wants it then he would surely need to approach you to buy you out and show he has the funds in place (which given his poor mortgage record i would think unlikely!)

Or am I missing something?

pmlindyloo

From what I have read having sole conduct of the sale means just that and you can sell to whom you like.

If the sale then goes through and your ex refuses to cooperate by signing then you can go back to court and the judge can sign on his behalf.

Someone who experienced this:

http://www.wikivorce.com/divorce/Divorce-Advice/Property-and-Mortgages/423485-Re-Sole-conduct-of-sale-meaning.html

BUT, am not a legal expert so you need to check with your solicitor.

DigForVictory

I'd ask to EA to bar his viewing unless they have insurance against malicious "purchasers" damaging the premises.
Not knowing why he wants to go back, I'd just be cynical, nasty & suspicious & therefore say No.

As for selling it, seems you can sell to whomever you choose & heeding the tenants association's wishes seems entirely courteous.

All the very best with this very trying time.

vanillacustardtart

Thank you all. Just to clarify. I have a Court Order that the property is to be sold on the open market. My ex refused to comply with this, blocking Estate Agents etc and without his co operation I wasn't able to market it. So, I applied back to Court and was given a new Court Order that states I now have "sole conduct" of the sale and that after a sale has been arranged he must sign the documents within 48 hrs or I have permission to take it to the Court and the Judge will sign on his behalf. I don't need his agreement or co operation at all.

I do believe he has the money available, he's not bluffing, he really does want to live there and his uncle recently passed away so he has a large inheritance which I believe he has now got. The only reason he's missed mortgage payments and refused to pay the ground rent is because I am jointly named on those at present and he wanted to cause me financial stress and worry. He is financially irresponsible, will do anything to delay the sale so I can't access the money I am due, tries to do all he can to cause me stress and worry and so the thought of selling to him or a family member makes me feel faint! Also I have just paid out to have the place decorated and repairs (that he made deliberately before he left) have all been done - now he wants the property again

I had to change the locks when he finally left, I'm worried if he is taken there for a viewing that he will refuse to leave again just to play games and cause me more stress, I'd have to go to Court again to have him removed. He doesn't need to view it, he only moved out a few weeks ago.

RAS

Hi

You say the EA have been great. Would they consider working with you to discuss possible harassment with the police?

This is not "classic" but it is essentially DV which he is continuing after the relationship ended.

vanillacustardtart

RAS wrote: »

Hi

You say the EA have been great. Would they consider working with you to discuss possible harassment with the police?

This is not "classic" but it is essentially DV which he is continuing after the relationship ended.

I guess it is harassment, but not sure how it could be proven? He wants to buy thge property, he hasn't harassed me about it more the Estate Agent who is also very polite but blunt and firm with him.