any advice would be appreciated please

G_M

I've not read the full details for the reasons already explained by others. But from the gist I've picked up

* surely this is/should have been a matter to resolve during the divorce settlement?

* if not, and if tea & cake approach does not work, then moving in and making ife awkward is the answer.

Do you still have a key? Has he changed the locks?

Pay £3 here to download the property Title from the Land Registry (to prove your ownership) and pay a locksmith to break in.

ps - I'm not 'precious' but won't struggle through unreadable text voluntarily. For a full response, my rates are £45 ph and for that I'll read anything.

sav1980

My solicitor didn't advise a timeframe could be put on the splitting of assets? All that is in the financial consent form is that once the house is sold any equity shall be split equally. That was the only thing agreed financially as I didn't pursue anything else such as his savings, pension etc as i didn't think its right and just wanted out with as little fuss as possible. I didn't want to give him any further reason to fight with me.

I'm starting to think i could have maybe got a better solicitor.

Candyapple

Who decided that it was best that a single man stay in a 4 bed property rather than you and the 2 children? Your solicitor or his? If it was his, why didn’t your solicitor fight it? This decision has cost you massively.

I definitely would fight dirty. The time to be amicable passed 18 months ago when you had buyers willing to pay £330k for your property and your ex cost you the sale. Now you run the risk of losing even more when it finally comes to sell it.

S0d him and his girlfriend, move in and put the money you would have paid for rent to your other place towards a better solicitor to take him back to the court and get this resolved ASAP. I’m sure having your ex and 2 young children in your face daily will put the dampener between them and no doubt his girlfriend will be pressuring him into sorting things out so they can move out, which is ultimately what you want. Good luck and hope your new solicitor is better than your last. Keep us updated.

diggingdude

Maybe you could drop a letter round stating that you will be insteuctinf a solicitor but regardless in 28 days you will be moving back in. See his response before instructing an expensive solicitor?

I am no expert so I may be wrong, just feel it's what I would do if I was faced with that

G_M

diggingdude wrote: »

Maybe you could drop a letter round stating that you will be insteuctinf a solicitor but regardless in 28 days you will be moving back in. See his response before instructing an expensive solicitor?

My instinct on this one is to not give warning. Just turn up, belongings kids and all, and move in.

sav1980

Thanks everyone im thinking now in hidsight my solictor didnt fight for my best interest i chose a fixed fee divorce whereas he had a per hour solictor who obviously has his best interests and pursued them. Im just consious of the effect that actions of moving back will have on the kids.

todayisagreatday

Another vote for moving in. I had a situation with my ex. We don't have kids but I moved out due to lots of issues, he would put people off the house etc etc and was difficult with viewings, even stayed in bed for one of them whilst EA showed people round.

He bought a Porsche and was bringing women back pretending he has lots of money, own house etc. All of a sudden, your ex being there when you are trying to make out you are solvent caused all sort of problems. He lasted two days before he decided he would buy me out.

dawyldthing

I don't think the kids would be too bothered to be fair. When they see dad when it's all sorted they will still see her. It's daft you are struggling while they are living the life of Riley. I really would move in, save the money and wait until he makes the next move as he's too settled as it is

Thrugelmir

sav1980 wrote: »

He also doesn!!!8217;t pay me any child maintenance because this is offset against me paying half the mortgage payments.

Is this an informal arrangement?

TBagpuss

Its worth talking to your solicitor about enforcing the order. Or a different solicitor if you don't have confidence in the one you previously had

If what you are saying is that your husband is blocking the sale then you will need evidence of that.

I'd suggest that you ask the agents to provide a break down of all the viewings, offers and feedback, and confirmation in writing that offers were withdrawn specifically because of the delay.

Does the order specifically require you to pay half the mortgage. It's pretty unusual. Normally you would expect the person living in the property to pay the mortgage.

If you do have to enforce the order your ex may well end up having to pay your costs, so it may be that a strongly worded letter or two from your solicitor will get him moving.