Hello,
I am looking for somebody knowledgeable to advise me if I am right with regards to conducting the house sale after the divorce.
We were ordered to sell the Former Matrimonial Home as part of the divorce settlement back in March. The house was bought by my ex husband prior to the marriage and is solely in his name.
However, as it was a long marriage with two children, I was awarded 60% of the equity.
The court order states the following:
Paragraph 15c: "both parties shall have conduct of the sale"
Paragraph 15d: "the parties shall jointly instruct solicitors or in default of agreement be determined by the court, and said solicitors shall have the conduct of the conveyancing work relating to the sale."
Here is what my problem is:
We finally agreed to the sale of the house and instructed the conveyancing solicitors. However, they now have dropped me from conducting the sale as my name is not on the deeds of the property.
I believe that the court order clearly gives me the authority to conduct the sale together with ex husband but they disagree as my name is not on the deeds of the property.
Can somebody advise me on this? Am I right thinking that I should be included in the sale and they cannot just ignore the court order?