Ex not complying with Judge's Orders - deliberate delaying tactic

[theironinglady123]

Hoping someone may have some advice to offer...

I am the applicant ex partner is the defendant. First hearing he didn't show up to, Judge simply gave directions to both file and serve witness statements. He didn't file or serve anything. The second hearing came around (after months of waiting) and he got a right dressing down by the Judge for not filing or serving at all just dumping it all on us at Court. He was given very clear instructions that he MUST comply and he was given another 28 days to file and serve his statement and supporting evidence, the deadline for this was 3 months ago and once again, nothing at all.

Not sure of it's relevant but this is about the sale of a property, it is in his own interests to respond/comply but he repeatedly doesn't. No communication directly with me either. He has said all along he refuses to agree to sale (reason I have applied to Court) but refuses to provide evidence as to why. He is so unreliable and unpredictable.

The final hearing is in 5 weeks (7 months wait since the last one as the local Courts are so busy) but I have no idea of his position or what he will once again dump on me at Court. I am worried once again he is deliberately delaying things and if the Judge takes pity on him I may be looking at another 6 months until another hearing is scheduled.

Lastly, despite him refusing to sell I have had paperwork from a solicitor stating he has accepted and offer of a private sale (a family member of his) about 25% less than market value. Obviously I have refused the sale but he is taking this action without complying with the Order or communicating with me.

I have no representation so made the initial application myself. What should I do? Can I apply back to Court (I have read up online and think I may need a N244 form?) to ask the Judge to make another order to try and sort this out, but I have no idea what to ask for. I just need him to be told he must file and serve so I know where he stands and he cannot once again delay proceedings as he is living in the property and increasing mortgage arrears are now causing charges and demands from me for the mortgage payments that he keeps paying late.

I'd be happy to agree to sell the property outside of Court if he's had a change of mind, but not to his family member at a massively reduced rate as I really need my share of the profit from sale. I also think even if the Judge does say that it should be sold via the open market that I need the final order to state I have access to the property to check the state and that he isn't to be present for viewings as he will deliberately put people off as he wants there to be as little interest as possible so his family member can buy it as cheap as possible.

Sorry that's long, lots of questions and issues that I just don't seem to be able to find and looking up the legislation is so confusing for someone with no legal knowledge at all a very little knowledge about property buying and selling.

Thank you if you can help...

Just to clarify do you mean you were married and applied for a financial remedy on divorce? Or are you unmarried and the applicant to proceedings under property law?

Thanks STIDW. We were not married. Unmarried, joint owners of the property he currently lives in. I made an application under ToLATA to force the sale as he refused, that application was made a whole year ago, he's dragging it out. Shared residency so it is technically the children's home (as is my home) as they have two homes. He has stated all along he can't sell as would be homeless. But now it appears he is happy to sell but only if it is to his family member at a very low price (way below current market value) so I will walk away with nothing after the selling fees and the debts he has ran up on the mortgage arrears are paid off.

Any advice appreciated :)

I would go to the hearing and ask the judge for three things:

1. An order that you be granted sole conduct of the sale;
2. An order that the Judge sign the paperwork on behalf of your ex; and
3. An order that the ex pays your costs and that they be deducted from his share of the proceeds before they are paid to him.

All you need to do us take the Judge through the last order and confirm what hasn't been complied with. Then make the Judge aware of what the ex is up to - trying to sell the property at an undervalue to defeat your rightful claim. Take extra copies of any evidence you have, such as letters, so copies can be handed to the Judge before the hearing (give them to the Court Usher when you arrive) and give copies to the ex. Then ask the Judge to make the order as above.

Thank you Moose. Stil had no contact from my ex which is just strange. I have a feeling he planned I sell to his sister (very cheap) and she would let him live there still. I'm worried that he will say at Court well he will be homesless and so will the kids (he has them 50:50) if it gets sold to anyone else and the Judge will order it gets sold at £209k. He owns another property which he mentioned at Court last time so in my opinion he can't be homeless if he has somewhere else to live but he hasn't provided any evidence about this property and in worried he will deny owning it (I can't prove he owns it and have no way to access land registry in his name.

Thanks for your advice as to what to ask for at Court :)

Thanks for your reply Babybarrister. The property is in joint names so I know he can't actually sell without my agreement too.

Sorry it's OP here name changed earlier :)

Thanks Babybarrister. When I phoned the Cort they told me to do what you've advised above I needed to complete a N244 and submit it along with details of what I wanted the judge to order and a fee of £155- will it work if I just wrote a letter to the Judge without paying? :)

Thanks Babybarrister. When I phoned the Court they told me as he hasn't complied and filed or served that to do what you've advised above I needed to complete a N244 and submit it along with details of what I wanted the judge to order and a fee of £155- will it work if I just wrote a letter to the Judge without the form/paying? :)

In most other litigation you have to make an application on a form and pay a fee and often it is a good idea to have a detailed written statement with numbered paragraphs and attach relevant documents cross referred to in the statement and writing to the judge instead usually does not work but I might be wrong with family law cases.

Thanks Jane. My initial application was the correct form, with fee and since the last hearing where the Judge made an order I have filed and served a detailed statement and evidence, we also have a final hearing booked in a month or so. I hope because I've already paid for the proceedings I don't have to pay again... :)

In normal litigation (not sure about family) if someone does not comply with something then even though you have a hearing on something else coming up you have to file an application notice form with fee and supporting statement if you want an order for someone to do something like put documents in in time. Though family law may be more casual with more people acting without solicitors so it may not matter. The idea is the other party is sent the notice, has time to look at it and act on it rather than it all being asked for at a hearing that is already arranged.

I certainly agree that these are the things you need the judge to order:

1. An order that you be granted sole conduct of the sale;
2. An order that the Judge sign the paperwork on behalf of your ex; and
3. An order that the ex pays your costs and that they be deducted from his share of the proceeds before they are paid to him.

Also if you put in an application and lawyers would put in a draft order too on a separate piece of paper it helps because it is telling the judge exactly what order you want and in advance rather than trying to do it on the day.

Just wanted to say that you can get details from the Land Registry about who owns any property, you just have to pay £3 for the privilege. I just did this with my ex husband, which helped me to find out that he was disposing of his buy to let properties without telling me during the divorce..! You just need the exact address and can download a copy of the deeds.

Thanks. Unfortunately I don't know the address and can't legally do a land registry search of his name.

Not sure I understand why you don't know the address, but as a joint owner, you should be able to search under your own name.

Hi empty. I don't have the address of the other property he owns. I'm hoping he won't deny it's existence after saying in Court previously he owns it but I'm worried he will and therefore claim if I sell our jointly owned property which he lives in then he will be homeless- which he won't if I can prove he owns the other place. (Of that makes any sense).

If you can't find out the address of his other property from 192.com or similar, it may be possible, with a court order, to do a search of the Index of Proprietors' Names at the Land Registry:
www.landregistry.gov.uk/professional/guides/practice-guide-74
Perhaps one of the lawyers who posts on here could give you some guidance as to how to go about it.

Any news penny?