Joint ownership, selling a house
Discussion
As I see that, you are talking about a consent order which has been stamped by the court. I don't think you are in good shape unless you can override that with an amendment / addendum - which your other half would have to agree to and then get ratified by the court. You need to phone a family law practitioner.
IANAL, just trying to amend one that is going through right now via my lawyer. My situation is, got the buyer, missus still lives there, should have exchanged on 9th Feb, ex has not signed the contracts and won’t until she has a place lined up to move to.
Our court order (currently in process) says that the house will be sold, it has no conditions such as when, or whenever someone is ready etc. Just that is should be sold, and we have a buyer incurring rental / storage costs chasing the wotsits off us to complete, and looking to potentially pull out unless exchange happens soon.
IANAL, just trying to amend one that is going through right now via my lawyer. My situation is, got the buyer, missus still lives there, should have exchanged on 9th Feb, ex has not signed the contracts and won’t until she has a place lined up to move to.
Our court order (currently in process) says that the house will be sold, it has no conditions such as when, or whenever someone is ready etc. Just that is should be sold, and we have a buyer incurring rental / storage costs chasing the wotsits off us to complete, and looking to potentially pull out unless exchange happens soon.
After a chat with my solicitor about my situation, it appears that if a court order is in force, that is it, and it is enforceable.
In my case, we are trying to find out from the court if mine is sealed, and if so we can get the court to enforce her signing the sale paperwork irrespective of her situation - the court can actually sign it on her behalf if she refuses. The order says that “the house is sold forthwith”, and we now have a buyer waiting to exchange, so in my case, she is... erm... I think the legal term is “screwed”, given that the buyer has just a little more patience.
In your case, I would say that if it is a court issued and sealed order with the terms you describe, you have a challenge ahead to sell your property if she does not agree to change the order - given the existing order has constraints in her favour, there will probably have to be a benefit to her for her agreement to make that change.
Again, IANAL, so seek advice from someone who understands family law.
In my case, we are trying to find out from the court if mine is sealed, and if so we can get the court to enforce her signing the sale paperwork irrespective of her situation - the court can actually sign it on her behalf if she refuses. The order says that “the house is sold forthwith”, and we now have a buyer waiting to exchange, so in my case, she is... erm... I think the legal term is “screwed”, given that the buyer has just a little more patience.
In your case, I would say that if it is a court issued and sealed order with the terms you describe, you have a challenge ahead to sell your property if she does not agree to change the order - given the existing order has constraints in her favour, there will probably have to be a benefit to her for her agreement to make that change.
Again, IANAL, so seek advice from someone who understands family law.
XFRFred said:
Balls.
Look like i need to have a chat with a family lawyer then.
Thank you all for the input, and good luck with the sell of the house!
Thanks Fred. Exchange today Look like i need to have a chat with a family lawyer then.
Thank you all for the input, and good luck with the sell of the house!
Almost at this stage now
https://m.youtube.com/watch?v=QbXTnoP5lkw
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff