Amend agreement after divorce

Petra73

Hi, I divorced in March this year and the Financial greement reflect what we have decided. We agree to sell part of the garden, my ex pocketing the ££ in order to move out and clear his depts, while I would retain the house until the younges is 19y old, 50/50 on the kids custody.

Now, we sold the land, he has the ££ and he is not moving out. He pays gas&electricity and the food he buy and cook but nothing else. Mortgage and the rest is on me even while he stay in the house ... he refure to contribute further and/or give me a moving out date or period. He is looking for a 4 bedroom house, despite we live in a 3beds semidetached and where he wants to move there are no 4 beds available.

I read that I could amend the divorce agreement and put a clause on a moving out date ... does anyone know to whom I should address it or what to write?

Any help very much appriciated!

Thanks

T.T.D

The agreement sounds to be adhered to by him.

He’s agreed to purchase a home after the sale of the land, he’s looking while contributing to the household, he can’t give you a date because he doesn’t have a date to give, once he find and buys a home and gets a date to collect his keys will be the moving out date. 

I would say you would need to allow him more time especially if the land sale happen just recently. 

Contacting your solicitor going forward would be my best advice with don’t change the locks.

sassyblue

You need to go back to your solicitor, really any sensible solicitor would have put a clause in for this sort of thing occurring.  You are talking about your Consent Order aren’t you? 

If he has the funds to purchase a 4 bed house why is he still on the deeds to the one you're living in?

RAS

Assume this consent order was agreed by the court? If so, how come your husband seems to be so advantaged?

Was any pension split agreed? Are there any other assets of the marriage?

TBagpuss

Did you have a formal consent order?
If so, what is the wording relating to the house?
Have you now finalised the divorce and got a decree absolute? 
Has the house been transferred to you, or is it still in joint names? 

Normally, the order would either provide for the house to be transferred to you (in which case he would not normally have any right to occupy once it was transferred, and your divorce finalised) or for it to remain in joint names but for you to have exclusive rights to occupy, so you need to check the wording of the order and talk to your solicitor. 

Assuming that the order does provide for you to have exclusive occupation then if he won't go voluntarily you would be able to apply to the court to enforce the order.

If the order was badly drafted and didn't provide for this then you may be able to apply to appeal it to correct the error but it is a bit complicated.

If (as you talk about an agreement) there is just an agreement and no formal order hen you will need to apply for an order.