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Financial order sealed by judge, and now exH has changed his mind about selling the house

(8 Posts)
Namechanger2015 Mon 04-Dec-17 11:50:53

After 3 years of wrangling, the courts have signed off the consent order, which states that the marital house is sold, I get most of the proceeds (85%, about £250k). Throughout proceedings he has portrayed himself as being hugely in debt to his family and has basically screwed me over.

Today, he says instead of selling the house, he wants to buy me out (he lives there, I live with children and my parents).

Can he do that if the court order is sealed?!

wobytide Mon 04-Dec-17 13:35:35

I imagine so assuming that the value of the property used is agreeable to you both. Ultimately you are trying to realise an 85% share of the equity rather than force the actual sale?

QuiteLikely5 Mon 04-Dec-17 13:38:59

This could just be a stalling tactic. Tell him you will put the house up for sale anyway and since he has tortured you so much do not offer to do this favour.

If he wants to buy it himself make him go to the court and get it changed. It will cost him ££££££

MrsBertBibby Mon 04-Dec-17 16:07:24

Is this new found ability to raise £250K at odds with his earlier assertions of poverty? Ask how he plans to fund this.

Namechanger2015 Mon 04-Dec-17 16:14:42

Is this new found ability to raise £250K at odds with his earlier assertions of poverty? Ask how he plans to fund this.

Yes it's totally at odds with his declarations of poverty in court. We both know he was lying in court about owing his family huge sums of (undocumented) money, but the courts believed him, and so he looks very poor on paper.

Now the court order is sealed he has no reason to hide this. He won't tell me where he is getting the money from, he is very secretive anyway, so he is is likely to say he will be borrowing it from someone (friends, family).

It's taken 3 years to get this far, including a section 37 hearing, so I don't want to go back to court or spend more money on this.

I am gutted if he does get the house as it was a beloved family home. I would rather it be sold as per the court order.

Nearlythere35 Mon 04-Dec-17 16:22:07

He can't force you to let him buy you out without a further order. Tell him if he does apply back to court to vary the order you'll want documentary evidence as to where the funds are coming from. In the meantime press on with selling the house in accordance with the order and tell him if he doesn't play ball you'll bring an enforcement application for the judge to force the sale through and will seek the costs of the application from him. Good luck

MrsBertBibby Mon 04-Dec-17 16:22:43

Well that's easy then. Tell him to sod off, or you'll be enforcing the order for sale.

He can't defend that, especially if he won't even say how he is funding his would be purchase.

MrsBertBibby Mon 04-Dec-17 16:23:40

He can't vary the order from sale to transfer unless you agree.

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