Enforcing a Consent Order and Occupational Rent

Downwiththissortofthing

My ex had a Consent Order drawn up 18 months ago that stated that our jointly-owned property would be sold and to confirm the equity split. She still lives there with my 16 year old son.

We now have a buyer - offer accepted just before Christmas - and the buyer has stated he would like to complete 'early April at the latest. Seems perfectly reasonable to me, but the ex has said she 'cannot move until July due to my son's GCSEs'. His exams start in mid-May, so an early April completion would be 6 weeks prior to this.

Buyer has now stated they will 'continue to look at properties and will withdraw if they find something before the end of February'.

I have written to her to say that she is frustrating the sale and we are at serious risk of losing our buyer. My next step will be to go back to court to have the order enforced to seek vacant possession (as stated in the Order) and for me to take control of the sale.

This isn't the first time she's frustrated the sale - she signed the contract of sale with the estate agent to say she was the sole owner and the house was not subject to say equity share, leading to the agents refusing to engage with me for several months. Consent Order clearly stated joint custody of the sale.

Do I have a reasonable chance of a verdict in my favour?

I have also highlighted to her that I may apply for Occupational Rent - I have continued to pay my share of the mortgage since I was forced to leave 3 years ago, and rent somewhere else, whilst she has continued to live there. Can anyone advise on the view that court may take on this?

mrginge

Your son must be so proud of you.

fairy_lights

Can't you take it off the market until his exams are over? If you moved out three years ago, surely a few more months won't hurt?

AylesburyDuck

Your sons exams are a priority, he must come first!

AdrianC

You are trying to get your son to move house six weeks before his GCSEs.

Think about that for a minute. If you really, genuinely, honestly can't see the problem with that, then I despair.

silvercar

Your being played. I imagine she has done all she can to delay a sale, or it would have been done and dusted a year ago.

The problem now is that her objection is reasonable with the timescales involved. I can't see a win for you in the short term.

steampowered

Is it not possible to come up with a reasonable compromise here?

Perhaps you could ask her to sign a further contract/consent order which clearly states that the property will be marketed with a view to achieving a sale after July, in order to achieve a sale no later than 31 August, with her to specifically instruct the estate agent to liaise with you as having an interest in the property?

If she doesn't comply with the consent order, you can of course go to court to enforce it. Although by the time you've been through the courts it will be at least July I'm sure.

With regards to occupational rent, I don't think we have enough information to comment, other than to say that you won't be able to claim anything which contradicts the terms of the consent order.

G_M

Stop messing about and go back to court now to enforce the sale. It's mid january. Should be possible to Exchange in a month (mid Feb) and Complete a week or 2 later. I don't see where Aprilcomes from.

(just thought I'd play devil's advocate.....)

[Deleted User]

OK your son is taking his exams so you somehow manage to decide to sell the house (meaning he is losing his home) just before his GCSE's? And seem to be saying it doesn't matter, as long as its not when he's actually taking them???????? It doesn't seem to have occurred to you that selling the house (depriving your son of his home causing ructions with schooling) anytime in his final GCSE year would be kindof what a worst enemy would do? Not a father.

Whatever games his mother is playing, if any, surely its not brilliant to be making damn sure it all happens at the worst time for your son? And yes, two months before GCSE's still counts as 'worst time'.

Think for a minute what its like for your 17 year old son. Living amongst boxes, having spent 3 years wondering if he's going to be in the same house next month due to the fights going on between you and your ex. With possibly father and mother at loggerheads. Listening to his mother (unjustly or not) crying/ranting over the situation? This sort of thing is never going to be a happy occasion, but well, you couldn't really have managed to make made it much worse.

He's not the party at fault here. Whoever is, its not him. But he's the one being put through the most hell.

Did you wish him Happy Christmas this year I wonder?

Downwiththissortofthing

After 3 years of heartache for all involved, resolving matters as quickly as possible is in everyone's best interests.

As you have nothing of value to add, off back to your copy of the Daily Mail Mrginge

AdrianC

Downwiththissortofthing wrote: »

After 3 years of heartache for all involved, resolving matters as quickly as possible is in everyone's best interests.

No, it's in yours and yours alone. The difference of a month or so is certainly NOT in your son's interests.

As you have nothing of value to add, off back to your copy of the Daily Mail Mrginge

How to win friends and influence people, when you're asking for advice.