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My Ex Partner refuses to sell the house.

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My Ex Partner refuses to sell the house.

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roopsciscoroopscisco Forumite
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hi, have a bit of an issue and would appreciate any advise.
Me and Ex are divorced in 2019 but we dont have children together. All financial settlement was done though court as consent order was made in central family court in London.
The Order says to sell the house on the open market or either of us can buy with the highest offer available.. The house was on the market for about 6 months and no sales taken place. we both live in the property but separately.
Last month ex became pragnet , but nothing to do with me, and now when agent calls in to have viewing she refused and the COVID19 as the reason for refusal , even though Agents confirmed of their goverment rules will strictly followed with PPE etc..  Mean while i i have a mortgage offer to buy her out but she refuses to coporate to proceed as saying she cant move , phsical help, building infrastructure etc.. she got her another property rented and and that property is fully fuctional, but she doesnt want to move there. i have spoken to solictor and waiting for the outcome as she sent a letter to ex advising of the court order.
what are the options do i have ? and how to speed up the process ?
Thank you.

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Replies

  • pphillipspphillips Forumite
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    If she continues to obstruct the process I think you're only option will be to go back to court for enforcement and possibly, contempt of court proceedings.
  • roopsciscoroopscisco Forumite
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    Thanks pphillips. thats really a helpful . I am considering abitration or something as the court proceedings will take longer than usual due to corrent covid19 delays and Ex will utilise that delay as her excuse and can drag the matter then will trun up with delievery time is closer then come to the point  of "cant move out now ".  Timing is the key factor here.  Speedy process is the best option.
    Does any one have an idea of "Arbitration hearing " or something. ? As per goolge its bit costly business ? couldnt find any better details on the web.  .
  • MovingForwardsMovingForwards Forumite
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    It's mediation you want. 

    Have you tried offering her cold, hard cash to get out?
  • gizmo111gizmo111 Forumite
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    Heres a link to how arbitration works for children - I believe they do finance also, but your solicitor may know someone nearer to you
    https://childreninthemiddle.co.uk/arbitration/
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • roopsciscoroopscisco Forumite
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    It's mediation you want. 

    Have you tried offering her cold, hard cash to get out?

    Thanks MovingForwards   for the response.
    When i put forward the offer to buy her out, thats her share of cash and get out of the house.  But still shes not cooperating with my convencing solicitors once they have started the process and contated her.  Even though shes a solicitor herself.  which sounds funny but its true.

  • edited 2 June at 12:34PM
    pphillipspphillips Forumite
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    edited 2 June at 12:34PM
    Mediation and negotiation come before (not after) a consent order.
    An arbitrator won't touch anything that's already been to court.
  • roopsciscoroopscisco Forumite
    6 posts
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    MoneySaving Newbie
    pphillips said:
    pphillips said:
    It's mediation you want. 

    Have you tried offering her cold, hard cash to get out?

    Thanks MovingForwards   for the response.
    When i put forward the offer to buy her out, thats her share of cash and get out of the house.  But still shes not cooperating with my convencing solicitors once they have started the process and contated her.  Even though shes a solicitor herself.  which sounds funny but its true.


    By cash I actually meant on top of what has already been agreed.

    Just ask you solicitors what can be done, how much it will cost for them to do it and then have them draw up another letter to her with an additional paragraph about the costs coming out of what would be sent to her.

    Legal people always think they know best when it comes to anything legal based in their private life. 
    Sorry, but you can't come on here advising people to break bribery laws for the sake of convenience!

    It might not work anyway if they were to accept the bribe but still refuse to move and ask for more. 

    Do you really think the OP should allow themselves to be blackmailed and held to ransom?

    Thanks , but i dont have to go into bribery route or any such, as i have a consent clear court order saying whats her share and what’s my share. so that’s not something i would think of. The Only thing i dont understand or concerned is that, her Pregnancy situation can stand anything to prevent my purchase even if i walk into court while her own property is rented and fully functional. Her Pregnancy is nothing to do with me.  Any idea on that point as i read a lot on goggle court would look favour to her due to Pregnancy.




    She appears to be one of these people who thinks the rules don't apply to her.
    I can't think of any legitimate excuse for not following a court order.
    You correct, what she told me was, the court consent order is just a piece of paper and a guide, and the current circumstance is important and applicable to the situation than the court order terms. That’s the only reason for my worries of “her pregnancy” can play significance here to prevent the completion and delay the process even though it’s nothing to do with me.




  • pphillipspphillips Forumite
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    pphillips said:
    pphillips said:
    It's mediation you want. 

    Have you tried offering her cold, hard cash to get out?

    Thanks MovingForwards   for the response.
    When i put forward the offer to buy her out, thats her share of cash and get out of the house.  But still shes not cooperating with my convencing solicitors once they have started the process and contated her.  Even though shes a solicitor herself.  which sounds funny but its true.


    By cash I actually meant on top of what has already been agreed.

    Just ask you solicitors what can be done, how much it will cost for them to do it and then have them draw up another letter to her with an additional paragraph about the costs coming out of what would be sent to her.

    Legal people always think they know best when it comes to anything legal based in their private life. 
    Sorry, but you can't come on here advising people to break bribery laws for the sake of convenience!

    It might not work anyway if they were to accept the bribe but still refuse to move and ask for more. 

    Do you really think the OP should allow themselves to be blackmailed and held to ransom?

    Thanks , but i dont have to go into bribery route or any such, as i have a consent clear court order saying whats her share and what’s my share. so that’s not something i would think of. The Only thing i dont understand or concerned is that, her Pregnancy situation can stand anything to prevent my purchase even if i walk into court while her own property is rented and fully functional. Her Pregnancy is nothing to do with me.  Any idea on that point as i read a lot on goggle court would look favour to her due to Pregnancy.




    She appears to be one of these people who thinks the rules don't apply to her.
    I can't think of any legitimate excuse for not following a court order.
    You correct, what she told me was, the court consent order is just a piece of paper and a guide, and the current circumstance is important and applicable to the situation than the court order terms. That’s the only reason for my worries of “her pregnancy” can play significance here to prevent the completion and delay the process even though it’s nothing to do with me.




    What a load of nonsense, if she wants to change the consent order she has to make a new application to the court.
  • roopsciscoroopscisco Forumite
    6 posts
    First Post
    MoneySaving Newbie
    pphillips said:
    pphillips said:
    pphillips said:
    It's mediation you want. 

    Have you tried offering her cold, hard cash to get out?

    Thanks MovingForwards   for the response.
    When i put forward the offer to buy her out, thats her share of cash and get out of the house.  But still shes not cooperating with my convencing solicitors once they have started the process and contated her.  Even though shes a solicitor herself.  which sounds funny but its true.


    By cash I actually meant on top of what has already been agreed.

    Just ask you solicitors what can be done, how much it will cost for them to do it and then have them draw up another letter to her with an additional paragraph about the costs coming out of what would be sent to her.

    Legal people always think they know best when it comes to anything legal based in their private life. 
    Sorry, but you can't come on here advising people to break bribery laws for the sake of convenience!

    It might not work anyway if they were to accept the bribe but still refuse to move and ask for more. 

    Do you really think the OP should allow themselves to be blackmailed and held to ransom?

    Thanks , but i dont have to go into bribery route or any such, as i have a consent clear court order saying whats her share and what’s my share. so that’s not something i would think of. The Only thing i dont understand or concerned is that, her Pregnancy situation can stand anything to prevent my purchase even if i walk into court while her own property is rented and fully functional. Her Pregnancy is nothing to do with me.  Any idea on that point as i read a lot on goggle court would look favour to her due to Pregnancy.




    She appears to be one of these people who thinks the rules don't apply to her.
    I can't think of any legitimate excuse for not following a court order.
    You correct, what she told me was, the court consent order is just a piece of paper and a guide, and the current circumstance is important and applicable to the situation than the court order terms. That’s the only reason for my worries of “her pregnancy” can play significance here to prevent the completion and delay the process even though it’s nothing to do with me.




    What a load of nonsense, if she wants to change the consent order she has to make a new application to the court.

    Would that be possible to change the consent order without any reason ? or becasue she became & is pragenet ? Can court would change the order ? i
  • thorsoakthorsoak Forumite
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    Unless it is your child, I fail to see any reason that would be relevant to an application for a change to a consent order.
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