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Ex husband will NOT abide by court order

(9 Posts)
BatshitCrazyWoman Mon 13-Feb-17 18:57:12

Divorced a few months now, and the jointly owned FMH needs to be sold. Ex lives in it, he unlawfully threw me out. I have no money due to his pissing around during the divorce (his solicitor not answering letters, taking a year to make a voluntary financial disclosure, being obstructive, getting court hearings adjourned etc etc ...) It went all the way to final hearing, but I got a much much better settlement than he was offering.

Ex didn't get any valuations of the house, just shoved it on the market (without consulting me at all) with an internet estate agent. For a low asking price (I'd had a valuation done myself). I introduced myself to the agent (they didn't know the house was owned by more than one person!) and they took it off the market.

Since then he's changed the locks when I said I would get some valuations done. All I want is the best price (it's set out in the Order to sell for the best price on the advice of selling agents) and joint conduct of sale (as set out in the Order).

What can I do? I don't feel the law has been that helpful - ex is an emotionally abusive narc who thinks he's above the law, and he has got away with so much (making me homeless - I'm a lodger in a shared house because it's all I can afford - I don't earn much as I was a SAHM, he has a six figure salary, mucking around during the divorce to drag it all out, etc), so even though the settlement I got is good, I still haven't bloody got it!

MrsBertBibby Mon 13-Feb-17 19:32:47

Are you in England/Wales? Do you have kids? And do you have a solicitor?

BatshitCrazyWoman Mon 13-Feb-17 19:47:13

I'm in England, my kids are grown ups now and I have a solicitor, but I also have about £18000 of debt which is all legal fees!

MrsBertBibby Mon 13-Feb-17 20:52:36

Oh dear!

From what you've said, depending on how the order has been drafted, I'd be seeking orders giving you sole conduct of the sale, the Judge to sign sale documentation for him if he refuses, and also an occupation order to get him out of the house so you can move in and take charge. Plus periodical payments increased to cover the mortgage.

And a costs order against him. Much easier to get those once you're into enforcement territory.

BatshitCrazyWoman Mon 13-Feb-17 21:09:12

Thanks Mrs Bert. My solicitor has just told me that I'm within my rights to change the locks (giving him a key), gain access and get some agents to value the property. Which is what I'm going to do. But it's just the start, as
in his emails he states that he 'will not' agree to various things - basically saying it's his way or nothing, so even once I have valuations I'm going to struggle to get him to agree an agent, a price, acceptance or not of offers, conveyancing solicitors ... just about everything! As far as he's concerned it's his house.

But is what he's doing 'enough' to be successful in court? I live in fear of going to court and the judge finding in his favour, so being responsible for his costs as well as mine. I am living hand to mouth already, I literally have no capacity for any more legal fees ... I'd love sole conduct of the sale though.

When he threw me out of the house for no good reason (well, except he didn't want me there), my solicitor consulted a barrister who said I wouldn't get an occupation order. Couldn't get a non-mol either, even though I had a lot of threatening, abusive emails from him.

I don't get periodical payments. My spousal support kicks in the day after the sale of the FMH - I know I won't see a penny of that either. I couldn't afford to live in the house even if he paid the mortgage, my salary wouldn't cover energy bills, insurance and council tax, as well as my loan repayment, travel to work and food.

I'm fucked, aren't I?

MrsBertBibby Mon 13-Feb-17 21:38:29

No, if the court has made an order and he isn't complying, then you are in the right.

Periodical payments orders are variable, btw, so just because your pps start after sale per the current order doesn't mean the court can't change them, so you can cover the mortgage and bills.

Courage! You've done the hard bit, getting to final order. He's stupid enough to have put his plans in writing. He's the one who is fucked.

BatshitCrazyWoman Mon 13-Feb-17 21:46:53

So should I tell my solicitor I want to go to court to enforce the order?

My ex literally has an answer for everything, and a nice line in blame. Like I say, I'm fearful any judge won't agree with me.

MrsBertBibby Mon 13-Feb-17 21:52:06

Take your solicitor's advice, s/he knows the situation far better. But if the situation is as clear as you've described, then yes, one decent clear warning letter, and then an application for what I've suggested, or some variant as your solicitor thinks is best for your particular order.

BatshitCrazyWoman Tue 14-Feb-17 14:02:16

I spoke to my solicitor and she seems to think that there is no case for going to court for enforcement as there are no enforcement issues confused

It seems he can do whatever fuckwittery he wants and I just have to put up with it.

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