Selling House With Awkward Ex Wife

Dancaw

Hello Everyone, 

Like many seem to find myself in particular situation and can not see a way forward, i was wondering if any has had a similar situation and found light at the end of tunnel? 
FACTS 
2 Children on a 60/40 Split 10 & 11 ( I have every weekend and half the school holidays) so i also still have a need to house the children.. 
Finally Divorced with Clean Break  This Year & Financial Settlement covid delayed this by 10 months 
Own 3 Bed Bungalow Worth £275,000  / Outstanding mortgage £117,000 - Mortgage solely in my name. Continued to pay mortgage for 20 months 
Ex Still Lives in the Property with her new GF 
Court Has Ordered Sale of Property and her to remove her home owner rights (which she has done) Lump Sum to me to clear matrimonial debts in my name and a tiny amount for my shares for business I owned with EX wife 
then the rest is split 50/50 shes gets to keep all Chattels. 
Ex has approximately 50k in bank from the business we had together and the business was also paying her divorce costs. saw these on the financial settlement disclosure statements I had to take an ICE Berg loan . 
I am now getting the typical delay tactics of frustrating the sale 

• Agreeing to Viewers then cant make the appointment 
• Wants to increase value the house
• Wants Viewers to Accompanied by Estate Agents 
• Doesn't like the estate agents no more, she thinks there rude. 
• Wont come back to me with suitable date for a viewing until a week later, 

My Solicitor has said all we can do is go back to court? spending more money and what for? her to carry on doing the same? 
She clearly has the money to rent somewhere or put a deposit down. 
Regards 

Dan 

sassyblue

You could threaten to move back into the property and have the girlfriend removed by the police if necessary as the house is in your sole name.

what was written into the order about the house sale? surely there were clauses put in that she is not to obstruct the viewings as she is?

are you able to show viewers round yourself or get someone else to?  Do you mean she has direct access to this £50k from your business because if not, only pay the mortgage and no child maintenance on top (if you are).

if she’s removed her matrimonial home rights can’t you have her removed from the property or at least threaten to?  Surely your solicitor has some ideas to play hard ball back?  I would have thought the threat to go back to court to have her evicted might do the trick since she has money to rent.

TBagpuss

Your solicitor is right, you would need to go back to court to enforce the order. You'd need proof of what's been happening, so make sure that you are in close contact with the agents and that they are documenting everything.

You can then ask the court to make directions requiring her to move out and giving you 'conduct of the sale' to let you get the house sold. 

No doubt the first thing will be for your solicitor to write to her / her solicitor to flag the issues and seek urgent assurances that she will cooperate to progress the sale, and warn her that you will go back to court of she doesn't

Dancaw

Hi Both thank you for your replies.. 
I did try moving back over a year ago all above board and notified her of my intentions  by my solicitor.. next thing she had me in court for an non Molestation and occupational order. I managed to get the non Molestation dropped and the judge kept occupational orders.. the crazy thing is all her accusations were fictional and no proof is ever required. This is what i call an unjust system. Obviously that order has now well expired and never i breached them.. every time i try to move in she runs to court so i try not rock the apple cart..

Funny enough i had complained to my solicitor about her sly delay tatics and her Solicitor has come back to with get out reply, bending and twisting the facts.. stating i had agreed to 300k  as ex wanted increasing.. but since then a lot of potential buyers have dropped out.. and cause shes agreed to revaluation and new photos and virtually tour this friday. She’s technically been complient even though took me 4 weeks to get this agreed.. 

every time i want to arrange a viewing its takes her 2-3 days to respond and then gives me a date 1-2 weeks a head. Like any potential buyer is going to wait around.. 

sassyblue

I know it’s not fair when there are people such as yourself suffering with someone who plays the system.  Unfortunately the best thing to do probably would be to go back to court to try and get her out, how successful that would be with two children is anyone's guess although with a statement from the estate agent and the fact she can afford to rent you are in a much better position.  I sympathise, I really do.