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What happens if a court orders a property to be sold and split 50/50

4 replies

NotSuchASmugMarriedNow1 · 19/09/2017 20:27

But my ex won't do it?

If the court orders the house to be sold and the proceeds split, what will happen if my ex husband refuses to sell the house or leave it? I think that's probably what he's going to do and I want to be prepared.

OP posts:
MrsBertBibby · 19/09/2017 20:50

You will have to go back to the court for enforcement, typically (if he is obstinate) an order chucking him out, and an order to allow the judge to sign the contract and transfer for him.

Have you a solicitor?

NotSuchASmugMarriedNow1 · 19/09/2017 21:21

Thanks MrsBert

I don't have a solicitor have managed on my own so far. Am thinking of getting a solicitor In place afterwards though if he ignores the court order. Will he have to pay the costs of my legal fees if they have been incurred because of him?

OP posts:
MrsBertBibby · 19/09/2017 23:37

You can ask the court to order him to pay your costs, which could come from his share, but often the court doesn't mop up all your costs so expect to pay at least some of them yourself.

sparechange · 19/09/2017 23:43

I had to go back to court and get an order which gave us 'joint conduct' over the sale process and also ordered that a reasonable offer had to be accepted.
It also had a provision that if he wouldn't cooperate, the court could and would act on his behalf to proceed with the sale

This meant I could instruct estate agents myself, and also meant ExH had no incentive to make the house look shit/refuse to move, because I would be able to push the sale through anyway and he would just get half of the smaller amount of money

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