Hi I’m am looking for some urgent advice.
I’m selling fmh and have a buyer in place. Today ExH said is he going to take me to court to overturn the consent order with a form A for variation, as he wants to but the house from me instead.
I am gutted as the house has been on the market for a while and finally it’s selling. I need a quick sale so I can buy for me and dc. He lives in the house and has signed estate agent agreement and has been facilitating viewings, playing the game until an offer finally arrived. The consent order wording is copied below.
If he can buy it I’ll sell to him to get it over and done with. But my understanding was that is has to go up for sale instead. He proposed the agreement in the first place and we both signed the consent order in December and this was signed off by a judge. Decree absolute is also finalised.
He lives In the house and is now obviously doesn’t want to move out. I will contact sol but I dont want the extra costs of it and I can’t sleep/eat/think straight in the meantime. Any advice would be appreciated.
Wording states:
The family home shall be sold forthwith on the open market by private treaty and the following consequential provisions shall apply:
a. The property shall be sold for such price as may be agreed between the parties on such advice given by the estate agents from time to time or in default of such agreement as determined by the Court.
b. Both parties shall have conduct of the sale.
c. The conveyancing solicitors shall be instructed as agreed between the parties and in default of an agreement as determined by the court
d. The property shall be offered for sale by such other estate agents as may be agreed between the parties and in default of agreement as determined by the Court
e. The proceeds of sale of the property shall be applied as follows:
i. in discharge of the NatWest mortgage secured thereon
ii. in payment of the conveyancing solicitors reasonable costs and disbursements in connection with the sale
iii. in payment of the charges of the estate agents to include VAT and disbursements.
iv. in payment of the balance: xx% to the applicant and xx% to the respondent.
It doesn’t explicitly say he can’t buy it does it?
Thanks for any advice x
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Divorce/separation
Can he buy me out of the house if the consent order wording says:
16 replies
Redandyellowbits · 26/02/2018 23:46
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NaiceBiscuits ·
27/02/2018 06:47
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serena5610 ·
03/03/2018 03:16
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