AIBU to ask here for some urgent legal/ property related advice(7 Posts)
I hope IANBU to post this here - I'm rather desperate and just had a sudden panic that I am going to make a complete fool of myself tomorrow and that my nasty, selfish, abusive twat of an ex is going to walk out of court tomorrow even more smug than he already is. I hoped posting here may attract someone with knowledge in this area or maybe someone that has been through similar might see this and be able to offer some advice/support.
I am in Court tomorrow and I am representing myself. I have just found out the other side has instructed a Barrister for the hearing and unfortunately I am having to represent myself.
In short. I have a Court Order forcing the sale of the property I jointly own with my ex partner. He lives there and is refusing to leave the property or sign the Estate Agents paper work to allow it to be sold. This Court Order was made over 6 months ago, so well out of time for him to appeal.
We have been back to Court twice since then, he has been told very clearly he is in breach of the order and must comply, last time I applied back to Court again he was given a pretty good dressing down by the Judge and given 14 days to get it on the market or risk being held in contempt of Court. That was 3 months ago and he still refuses to comply with any of the orders. He's also not paying he mortgage so it is close to repossession.
I have (finally) got yet another hearing for tomorrow. I need him out of the property and for the Judge to award me sole control of the sale - it is clear he will not comply with any Court Order and even once it is on the market he will make it near impossible to sell it if he is living there, blocking access and viewings etc. I have found out that an eviction order can be taken to bailiffs/enforcement officers to have him removed if necessary. I need this to be the last time I have to go back to Court about this so I need to get it right.
I am worried now I know he has a Barrister there as I am not clued up on the legislation and would feel much more confident if I knew what I was asking for was within the remit of the Court and what the actual wording is. Can anyone help me? Do I need an eviction order or is that only for tenants not owners? Or is it an occupation Order I am asking for stating he should not live there (although I don't want to live there). What would be fair given that this should have been on the market 6 months ago - 14 days or 28 days to vacate the property?
His solicitor seems to think that despite the Order for immediate sale that was made 6 months ago that when it comes to the crunch A Judge will not force him to leave as he has nowhere else to live (he has recently lost his job, hence the mortgage not having been paid for a number of months now). I'm assuming this isn't true? We do have a young child who he has to stay alternate weekends but their home is with me.
Thank you, any other advice would also be greatly received.
I think you should ask for this to be moved to Legal, where there are people who can give you advice.
best of luck - he sounds awful.
He can get housing benefit, even if he has a share in the property, for the first 26 weeks it's on the market. So he has no excuse.
If he has no money to pay mortgage though then how is he affording a bloody barrister
Thanks brainabox. I'd read that too- that due to be unemployed he could claim HB/mortgage interest payments after 13 weeks of being on benefits. But he hasn't applied!
Keep in AIBU for traffic AND repost in legal in case someone with expertise can help. You could also try the divorce/separation board.
Have you spoken to the legal dept of your mortgage company to see if there is anyone able to give you advice there?
Sorry I can't be of any practical help, however, I was in court a couple of years ago and the Judge demolished the opposition barrister who quite clearly was trying it on on behalf of his client. With luck you will get a no-nonsense judge who won't take any crap.
Let us know how you get on.
Just wanted to wish u luck- have a big glass of wine later.
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