divorced sole owner ex won't move out

TBagpuss

As others have said, you need to get a financial order - you would ideally have started that process as soon as he sent back his acknowledgment of service within the divorce but if you didn't do it then, you need to fo it now. Even if he had cooperated with selling the house then you would have needed an order to protect you from the risk of his coming back later to try to claim more.

If he is abusive in any way you could also apply for an occupation order but that doesn't resolve things financially, it just defines who can be in the house for the period the order lasts. 

RogerBareford

Moveonasap said:

There are 2 sides to every story so just for fun here they are 😁

Mine: Got married.Bought a house together.Got divorced.Need to sell house to move on with my life as funnily enough I don't want to live with my ex husband anymore.

His: Got married..Bought a house together. Wife Divorced me. Perfectly happy obstructing ex wife selling the house forcing her to live with me unhappily ever after.

               ....................

Whilst I apply for a court order ...I'll just keep reminding myself I'm "lucky " there is no mortgage so that he can screw up my longtime financial future by  defaulting on any payments. 😉

Over and out folks there really is no more to say but I appreciate you all confirming the absolute mess my life is in 🤣🤣🤣😬

Actually there are three sides in every story and in this case that is: Your interpretation, His interpretation and What actually happened.

Even this post is just your interpretation and certianly not his side at all as only he can provide that .

gingercordial

Moveonasap said:

Thank you for your replies.

 He couldn't contest the divorce so he is being a d*CK on a power trip. Who won't now agree to sell to enable me to give him his half. I can't buy him out without selling and I wouldn't want to stay living here now anyway. He just wants to be as obstructive as he can to stop me moving out and moving on and therefore keep me stuck living under the same roof as him. He could "buy me out" easily in cash at anytime but just won't. He didn't "register his interest "with the Land registry during the divorce waiting period between stages of application, nisi and absolute as " the matrimonial home" and he has no desire to even live here in this particular house. He has the means to move out and buy me out. I have neither.  I divorced him separately to a financial order for this exact reason as if I had done the 2 parts together he would have delayed the actual divorce forever as well. I had no need to do a financial order as I have nothing and I don't want anything financially from him. We agreed to sell the house and walk away with half. 

I will take the legal action I can't afford for a court to instruct him to agree to the sale. 

You do need a financial order I'm afraid.

You don't "have nothing", you own a house (you even own it outright without a mortgage).  So that is a significant asset that you have.  It will be a marital asset even if it is only in your name at the Land Registry, so that needs to be dealt with officially.

And equally you say that he has significant assets in cash/savings/other means to buy you out.  Those are marital assets too, and you have a claim on that money as well as anything else he has eg pension pots.

You really need to get a clear picture of what both of you have, and how you are going to divide it.  Perhaps you get all of the house, he gets all of the cash.  I don't know your situation but it doesn't seem fair that he makes a claim to get half the house and keeps all of the cash too with you not claiming any of that.

This then needs to be formalised in a financial order.  If this isn't done he could come back after you for support any time in the future.  Please don't skip this bit.

SuseOrm

So have you got a consent order or not if you have got a consent order it’ll cost you £225 to take it to court and ask the judge to enforce the consent order.  No need for solicitors or any of that nonsense.  You can get the forms online and fill them out yourself