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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

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Original poster

Going to Court to force someone to accept lump sum

86 replies

Rose7728 · 17/03/2022 10:24

Bit of a strange one and so far i cannot find any similar cases, has anyone had to take their ex to court to force them to accept a lump sum and get the court to sign the property adjustment order to get them to leave the house?

My partners ex refuses to participate in anything. They have frustrated the process in every way possible but we have kept calm, tried to negotiate via mediation and now finally we have arrived at the point of court.

without going into too much detail we have just been trying to give the ex the money they want however out of spite (and they have told multiple people this) they refuse to sign the paperwork etc so its now down to the court. They have stated that the "court does not decide when i leave the house" been 2 years of trying to get them to leave.

Anyone have experience of this? any advice would be appreciated. It appears the ex really aint arsed about money they just want to spite my partner.

OP posts:

Original poster

Rose7728 · 25/03/2022 09:05

@CoopeyMum

So, for those who are waiting on baited breath. First meeting happened today.

Barrister got the measure of her straight away. She was told to negotiate, a strip was torn from her for the late reports etc.

Next meeting some time in the summer, hopefully it will be a final meeting.

Ultimately, the house has got to be sold. But she stood her ground wanting 100% equity, hid behind the kids when challenged by everything.

Even attempted an Oscar winning performance of "I'm going to faint"

thats good progress then @CoopeyMum. Good to hear that the judge reprimanded poor behaviour. Did they indicate what share she may get? obvs she wont get 100 percent?

OP posts:

WallaceinAnderland · 25/03/2022 10:00

So after all that they are going to sell the house anyway. Would have been cheaper for everyone to do that in the first place.

LunaAndHerMoonDragons · 25/03/2022 10:07

@viques the ex does not have any capacity to get a mortgage and is looking to get a council place (due to disability requirements) there is 35k in the pot of which we have offered 27k.
This is the bit that threw me, it's really not clear if you're boyfriend is actually intending to give her half the pension amount. One post you replied to saying you are, or he is hoping the pension won't count because it's so small. In which case that's a very different scenario. So you are a saying there is 50K in the pot and you've offered 32.5K to Ex? Which is 65%.

LunaAndHerMoonDragons · 25/03/2022 10:18

I don't agree with her behaviour, It might be a little understandable if she's acting out of fear, but it sounds like that's not it. All other considerations aside, I wouldn't want to keep our DC in that limbo not knowing what's going to happen or when. It wouldn't concern me personally but I could get how it might be easier to sell then to see your Ex and DC in the family home without me, but it would be the not being with my DC part of that equation that would be the deal breaker for me. They're much more important than any house.

Original poster

Rose7728 · 25/03/2022 10:24

[quote LunaAndHerMoonDragons]**@viques the ex does not have any capacity to get a mortgage and is looking to get a council place (due to disability requirements) there is 35k in the pot of which we have offered 27k.
This is the bit that threw me, it's really not clear if you're boyfriend is actually intending to give her half the pension amount. One post you replied to saying you are, or he is hoping the pension won't count because it's so small. In which case that's a very different scenario. So you are a saying there is 50K in the pot and you've offered 32.5K to Ex? Which is 65%.[/quote]
35k equity and 15k in pension

he offered 27k and 50/50 pension share however she wants 7.5k out of the pension in cash up front which he has refused after advice from the solicitor that actually her entitlement to it would be approx 30p in every £1.

The solicitor advised that in the courts eyes the pension would be set aside as its so small hence his refusal to pay the extra 7.5k in cash up front if that makes sense?

OP posts:

Original poster

Rose7728 · 25/03/2022 10:34

i guess regardless of whats fair or not etc the basic question was about getting the paperwork signed. He knows full well that even if he agreed to her demands she wouldn't sign the paperwork as she has already stated "you cant do anything without my signature" so back to the original question can the judge enforce it?

OP posts:

Vie8126 · 25/03/2022 10:36

@CoopeyMum that is good news. Was this your first hearing so a FDA or a second being a FDR? FDR a DJ would make a suggestion of what they would order in a final hearing and send you away to negotiate there and then. I am glad there was a telling off for bad behaviour dps ex didn't get that as claimed MH issues and produced a letter from her gp stating how bad they were and claimed was the reason behind her not filing. Funny enough when the bad MH issues then got bought up as cause for concern the week later in child proceedings she had a gp letter stating she had never suffered from MH issues had a slight down mood which was resolved via counselling the very same gp who wrote the letter for the previous week!! Luckily for dp it happened to be the same judge who remarked on her quick recovery so hopefully she cannot use that ahead of FDR as it will again be the same judge. Nothing would surprise me though.

Lol to the dramatics dp said the ex did a good job too she wore clothes 3 sizes too big to look like she had lost lots of weight due to stress and because of MH had her mum sitting with her who she clasped hold of throughout (was video hearing) was a different person exactly 7 days later in child proceedings very pulled together and smart and alone.....

Hopefully not long to wait for the next hearing and you never know she may try to negotiate ahead of that!

RandomMess · 25/03/2022 15:19

Judge signed the paperwork to her shared house when her Ex wouldn't.

CoopeyMum · 25/03/2022 22:06

Yes, that was the first hearing.

One thing that was expected, was the fact that she had been put in her place by the judge yesterday, it's come out sideways today in the form of further rediculous behaviour. I'm too tired to go into it now because I've had to have fingers on the pulse in order to respond.

The sideways boot off has come in form of petition for the court case against the kids.

One positive of the judge though, she appointed a solicitor today! She must know that she's on the ropes.

Vie8126 · 26/03/2022 08:33

@CoopeyMum I feel for you, there's always a consequence somewhere isn't there. Hope all is OK.

CoopeyMum · 27/03/2022 18:32

It's just lies on top of lies @Vie8126, the short and sweet of it. Oh and submitting documents after deadlines, to give us no chance to work on a response. All delaying tactics, and attempting to scupper plans. So very annoying!

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