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  • FIRST POST
    • Neveranyusernamesleft
    • By Neveranyusernamesleft 9th May 18, 8:09 AM
    • 3Posts
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    Neveranyusernamesleft
    I have a court order of sale but...
    • #1
    • 9th May 18, 8:09 AM
    I have a court order of sale but... 9th May 18 at 8:09 AM
    After a very long and expensive court process I have an order of sale for the house that I joint own with my ex husband. The order states that the applicant (me) shall have conduct of the sale.

    My question is that while I dont live in the house, my ex does, because I have conduct of the sale can I now just put it on the market? Sounds ridiculous that Im asking but I'm just not sure...

    Thank you
Page 1
    • agrinnall
    • By agrinnall 9th May 18, 8:20 AM
    • 20,492 Posts
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    agrinnall
    • #2
    • 9th May 18, 8:20 AM
    • #2
    • 9th May 18, 8:20 AM
    I don't know the answer, but even if you can put it on the market how are you going to ensure access for viewings if you don't live there and your ex does, and he doesn't want the sale to happen? Or if he does allow access, what sort of state is the house going to be in?
    • Neveranyusernamesleft
    • By Neveranyusernamesleft 9th May 18, 8:32 AM
    • 3 Posts
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    Neveranyusernamesleft
    • #3
    • 9th May 18, 8:32 AM
    • #3
    • 9th May 18, 8:32 AM
    I cant ensure any of that and as he hasn't responded to any correspondence from me, my solicitor or the courts in the 5 years it's taken to get this order it's doubtful hell cooperate now...its been a real effort that's for sure but court papers might make all the difference as he can't argue with those if I tell him Im now actually legally able to sell it
    • Mossfarr
    • By Mossfarr 9th May 18, 9:52 AM
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    Mossfarr
    • #4
    • 9th May 18, 9:52 AM
    • #4
    • 9th May 18, 9:52 AM
    A house near me has had a 'for sale' sign in the garden for over two years but the occupant has put a notice in the window which says "this house is subject to a dispute and is NOT for sale". Needless to say any viewers simply turn away.
    You have obviously paid a great deal of money to have obtained an order of sale so surely you should have been advised what you can and can't do now regarding the sale?
    • Pixie5740
    • By Pixie5740 9th May 18, 10:03 AM
    • 12,444 Posts
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    Pixie5740
    • #5
    • 9th May 18, 10:03 AM
    • #5
    • 9th May 18, 10:03 AM
    INAL so take this with a pinch of salt. If there's a court order saying you can sell the property and he obstructs the sale, could you he be charged with contempt of court?

    Could you get some order in place which would allow you to occupy the property which also prevents him from living there so that he can't interfere with viewings, etc?
    • davidmcn
    • By davidmcn 9th May 18, 10:39 AM
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    davidmcn
    • #6
    • 9th May 18, 10:39 AM
    • #6
    • 9th May 18, 10:39 AM
    What exactly does the court order say? As mentioned above it's not of great practical use if he's not obliged to vacate the property in advance of a sale completing (or preferably in advance of marketing).
    • xylophone
    • By xylophone 9th May 18, 11:26 AM
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    xylophone
    • #7
    • 9th May 18, 11:26 AM
    • #7
    • 9th May 18, 11:26 AM
    https://www.hunteranduro.co.uk/2017/03/21/sale-home-non-compliant-ex/

    You appear to have reached the final stage where the court has granted you "sole conduct of sale of the property"?

    Presumably this means that since the property is in the jurisdiction of the court, then you can appoint an estate agent and accept a buyer's offer (within any restrictions on sale price specified in the Order)?

    If the ex causes problems, you might need to make further representation to the court for a judge to sign the transfer papers?

    Surely your solicitor is advising you on how to proceed?
    • PaulCooper
    • By PaulCooper 9th May 18, 11:59 AM
    • 196 Posts
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    PaulCooper
    • #8
    • 9th May 18, 11:59 AM
    • #8
    • 9th May 18, 11:59 AM
    Maybe I'm being a bit simple minded here, but I'll let fly anyway.
    Put the house on the market, your ex will put barriers in the way of a sale. There won't be anyone out there to purchase the place at the market valuation. You buy the place at below market rate (due to ex's actions) Then evict him, pay him half of the sale proceeds (reduced value) put house back on market with vacant possession.
    Obviously I'm missing something, it might well say in the court order that you cannot be the purchaser?
    Best of luck
    Paul
    • davidmcn
    • By davidmcn 9th May 18, 12:12 PM
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    davidmcn
    • #9
    • 9th May 18, 12:12 PM
    • #9
    • 9th May 18, 12:12 PM
    Put the house on the market, your ex will put barriers in the way of a sale. There won't be anyone out there to purchase the place at the market valuation. You buy the place at below market rate (due to ex's actions) Then evict him, pay him half of the sale proceeds (reduced value) put house back on market with vacant possession.
    Obviously I'm missing something, it might well say in the court order that you cannot be the purchaser?
    Originally posted by PaulCooper
    How would the OP fund that? Not with a mortgage if they're not getting vacant possession on completion.
    • Neveranyusernamesleft
    • By Neveranyusernamesleft 9th May 18, 8:26 PM
    • 3 Posts
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    Neveranyusernamesleft
    Thank you everyone I'm going to talk to a couple of estate agents tomorrow....not going to be any worse position than I am now
    • Mjrmum
    • By Mjrmum 9th May 18, 9:17 PM
    • 5 Posts
    • 2 Thanks
    Mjrmum
    You have sole conduct of sale so you choose estate agent, coneyancing solicitor and can accept offer (unless order says otherwise). If ex tries to scupper sale you will need evidence from estate agent (who will be doing viewings) and you can go back to court to have him removed. After that (or if you find a buyer with him in there), if he refuses to sign transfer deed you can go back to court and judge will sign it. Good luck, you almost there.
    • Tom99
    • By Tom99 10th May 18, 2:06 AM
    • 2,402 Posts
    • 1,618 Thanks
    Tom99
    If your ex will not cooperate with an orderly sale you could presumably just put the property up for auction, even the threat of that might make ex see sense.
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