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Legal matters

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Friend's ex refusing to let house be sold

6 replies

HarlotOTara · 30/05/2014 23:44

Hi,
A friend of mine and ex were divorced two years ago. He has been a complete dick, lying about financial matters, been convicted of fraud and has been emotionally controlling and abusive. The house has been on the market for 18 months. My friend and he were living there until she had to leave as it was causing her a great deal of stress. She is now living in a friend's flat with very little money. They have had three offers on the house and each time her ex has sabotaged the sale to the point the buyers have pulled out. They have a new offer and again he is playing silly buggers. Is there anything my friend can do to force the sale? She currently has no money to pay a solicitor so is there anyway she can do anything without one?

Advice would be really welcome as she is stumped at the moment.

OP posts:
Crutchlow35 · 31/05/2014 10:48

She could try for legal aid and go through the courts to force a sale. It's the only way he can be made to do it.

HarlotOTara · 31/05/2014 13:57

I don't think she is entitled to legal aid, she has used all her money paying for a solicitor just to get the divorce and financial statement sorted and still owes a couple of thousand but can't afford to pay it now. It seems so horrid, ex took ages to do financial statement despite threats from the judge that he would be imprisoned if he didn't comply. Ex thinks he is above the law unfortunately and so far has managed to be Angry

OP posts:
STIDW · 31/05/2014 14:59

Unless someone is a victim of domestic abuse legal aid isn't available these days. HOwever if your friend has no other means to fund her legal costs and her ex has resources available it may be reasonable for him to pay for her legal services. She should see a solicitor for advice.

The actual divorce and sharing finances are separate. Your friend needs a court order to settle the finances on divorce, if she hasn't already got one. IF she and her ex can come to an agreement a solicitor can draft it into an order "by consent." Alternatively she (or a solicitor on her behalf) can apply to court for a financial remedy so a judge can determine how the finances should be shared and whether the former matrimonial home is to be transferred to one spouse or sold.

Once there is a final order settling the finances on divorce an application to enforce the order can be made if one party doesn't comply with the terms. If necessary the courts can then grant vacant occupancy and control of the sale to one party.

STIDW · 31/05/2014 15:04

That should be "vacant possession" rather than occupancy Blush

babybarrister · 31/05/2014 17:03

This reply has been deleted

Message withdrawn at poster's request.

HarlotOTara · 02/06/2014 07:01

Hi,
Thanks for that, there is a financial settlement in place and the house has been on the market for a while. Two previous offers were rejected by my friend's ex and both buyers pulled out as they felt he was being difficult, he was. From what you are both saying it sounds like the only solution is to get a solicitor involved again. No,idea if he has money as he is good at hiding things, my friend has none until,the house sale goes through.
He is a slippery sod

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