My Ex Partner refuses to sell the house.

roopscisco

Thanks thorsoak. Appreciate your response. No. Her pregnancy is nothing to do with me. i have no connection at all. Thank God, I had a great escape from this woman. i did too fail to see any reason why would court entertain her application if she takes that avenue .

The issue here is , Ex thinks shes a solicitor herself and just thinks she knows the legal stuffs better than me and sort of  misleading me . However i have been in touch with a solicitor and waiting to hear from her on my next step. Will keep posted here.

TripleH

Ensure you keep to the facts and keep all correspondence and do exactly what your solicitor advises. The problem is thatvsome solicitors think they know the law and can get complacent. The problem is that a judge will know more AND not take their erring on the rules as lightly ad a non-solicitor's. You are not educated in this field (I assume) but if you can show you act reasonably and as advised, you should not weaken your position

OldishWench

roopscisco said:

......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.

I don't think that's true at all. The court order is exactly that. My second ex-husband treated ours as a 'piece of paper and a guide' and breached the terms twice. I took it back to the family court twice (by myself, no solicitor). I won twice, he had to pay me back in full plus costs.

TBagpuss

OldishWench said:

roopscisco said:

......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.

She is wrong. The courts take an extremely dim view of people breaking court orders. 
Even if there was a reason for not complying,. the appropriate steps would be for *her* to apply to court to seek to vary or appeal against the order, and she wouldn't get very far since it doesn't sound as though any of the criteria would be met (Judge making a mistake about the facts or the law, when they approved the order, for example, or you having lied about your financial circumstances on the financial disclosure) 

Your solicitor will be able to write to her, failing you you can apply to enforce the order, asking the judge to order her to pay your costs of having to do so.(which you will most likely get, as if she is breaking the order, it's seen as her fault that you have incurred those costs - this is part of what I would expect your solicitor to make clear in their letter to her . If the order requires the house to be marketed before wither of you can buy out the other then you can ask the court to direct that you have sole conduct of the marketing and possibly even that she moves out to enable you to effectively market it. IT's possible (ask your solicitor) that you could get a formal valuation from a valuer (as opposed to marketing advice) produce that and ask the court to determine that that is a fair open market value and that you can buy at that price without marketing the house more, but that would potentially be a change to the existing order so you will need advice.

It sounds as though she has confused things which might have been relevant before an order was agreed, with what is relevant now it is being implemented.

Arbitration . mediation are generally voluntary and I suspect might not be much help to you, as you would wind up in the same position - with an outcome you still needed to enforce if she did not cooperate.