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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.

Original poster

How long for court to force house sale?

7 replies

YesIAmTired · 10/11/2023 02:56

Solicitor has written to the courts requesting an order for my father to sell the property as he refuses to buy my mum out.

How long does it typically take for the courts to grant a request like this?

FWIW - my mum has been renting elsewhere for the past 3 years since they separated.

OP posts:
Original poster
YesIAmTired · 10/11/2023 03:01

I am also fairly sure my father has the means to buy my mum out but isn’t keen to do so. He will have no savings left.

Would the courts take that into consideration?

OP posts:
Redlarge · 10/11/2023 05:27

Mine took anout 3 weeks from application to court hearing. Now he just needs to sell but i have a say in it. We will see. Apparently if he pisses around and drags his feet i can apply for full control of sale but not sure how that will work if he is still living there.

Redlarge · 10/11/2023 05:29

YesIAmTired · 10/11/2023 03:01

I am also fairly sure my father has the means to buy my mum out but isn’t keen to do so. He will have no savings left.

Would the courts take that into consideration?

Yes. He will be asked to provide a form 1e with his assets and earnings. If its clear he doesnt have the means they order the property to be sold. The matter of how it will be shared will have to already be agreed prior to this though, either through out of court negotiation or a financial order from the courts... this took me nearly 3 years to get cos he is an arsehole prick.

FSTraining · 10/11/2023 09:57

Redlarge · 10/11/2023 05:27

Mine took anout 3 weeks from application to court hearing. Now he just needs to sell but i have a say in it. We will see. Apparently if he pisses around and drags his feet i can apply for full control of sale but not sure how that will work if he is still living there.

If he carries on pissing around too long the courts can evict him and sell the property unoccupied.

NorthernSpirit · 10/11/2023 11:15

Do they have a signed consent order stating the house should be sold?

My now DH had a signed consent order that his FMH would be sold by a certain date.

When that date came the EW refused to discuss the sale or put the house on the market.

He took the matter to court for breaching the consent order. Judges do not like it when signed / agreed court orders are not adhered to.

The judge effectively took the sale process out of the EW’s hands (she was still living in the house). My now DH organised the estate agent and conveyancing solicitor. The EW was warned that if she didn’t facilitate the sale and sign documents within a given timeframe the judge wound sign the documents and approve on her behalf.

From memory - the court case was mid Feb. House was sold by June.

Your father needs to take the matter to court to enforce the sale.

Original poster
YesIAmTired · 10/11/2023 12:11

Thanks all

OP posts:
Redlarge · 10/11/2023 15:54

FSTraining · 10/11/2023 09:57

If he carries on pissing around too long the courts can evict him and sell the property unoccupied.

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I really hope so x

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