Can I have a legal answer to my questions please, thanks.

[bella1968]

My stbxh and I have agreed to the sale of a FMH in court on 4th August but we are going to final hearing because he wants his ??20,840 legal costs for my 2 applications of occ/non-mol order, CAO and financial order to be paid out of the sale of the house.

My solicitor had expected that I would have put the house up for sale as we had agreed this, now I don't doubt her but will the estate agents do this if I just show them the order?

Also he has two cars parked infront of the house on the driveway, I've asked him to move them so that I can tidy up the garden and weeds growing through the cracks in the paving but he has refused. Can I move them onto the pavement whilst I do this? he's threatened to call the police if I do.

Also he refused to come and move his stuff unless I give him the keys (I had the locks changed to protect myself and the house against damage from him), he also refuses to do this unless he has complete access (including my room which I keep locked) to all of the house to complete an inventory so that he can take what he likes all at the same time. What should I do, I need this stuff gone, the house needs decluttering so that it looks nice when people come round to view.

Do I really have to let him in the house where he hasn't lived for over a year and I live in if I fear for my safety. I'm not giving him the keys just to come and go as he pleases, to be honest I want it sold asap!

I don't know about legal advice but he sounds like a bully. Maybe insist he has a chaperone chosen by you when he comes round, but don't give him keys! It's that or you'll leave his stuff outside.

He can of course call the police on you for moving the cars but I doubt they'll be very interested in "ex wife moved my cars because they were obstructing her property".

He's bullying you. Stand firm and speak only through a solicitor or third party.

It sounds like he still owns part of the house?

But the OP has a non molestation order against him.

His cars may be registered SORN and therefore cannot legally be on the road - there is probably a way of checking this with DVLA. They could be garaged though - might be worth looking into this. You could also check what they might be worth. No point spending hundreds on a garage for two cars worth peanuts, but you can't make him sell them.

This is a long shot OP but is there anyone who knows STBXH and could speak with him? Someone whose advice he would listen to? He's making things worse than they need to be and if he's being obstructive now, what's he going to be like when he needs to sign a sale contract and transfer form?

Indeed - it sounds like he still owns part of the house and wow he does. Put the boot on the other foot and think how the original post reads.

Anyway my advice is buyers in this market if you price right will buy even if the drive has cars on it and even with weeds so forget all that and just tell the agents to start sending people round. They don't need to see a court order.

In my view there is nothing to stop you getting viewings going in the next few days and I would concentrate on that. Leave all the other stuff.

on the point of who pays those costs at the end of those hearings was there a decision by the judge about costs? In other law cases there usually is. Read the very last sentence of any Order producedb y the court with its seal on and may be tell us here the words used if any about costs.

Were you successful in your applications for occupation and non molestation orders? What costs orders did the court make on the applications?

What are your costs of the financial proceedings? Often the court will provide for costs to be met from the sale proceeds, but not always. It depends on the circumstances and your solicitor is best placed to advise you on all of this.

He's entitled to take in inventory of things, but shouldn't be removing anything other than his personal belongings (i.e. things used solely by him). You're entitled to have someone (preferably independent) present at the time. I wouldn't give him a set of keys.

Thanks for all your replies, I didn't get the occ/non-mol judge said bar I high! Seems he has to kick the sh*t out of me before I get it!! And yes we both jointly own the house. Cars are not worth much and I sorn'd the family car, the other I his and has been sitting there for years!

He's a big bully and lots more name I will do what I can, I think I'm going to move the one nearest to the garden and clear the weeds then put it back, ill leave the other.

Yes you are correct the costs were dealt with in each matter, we each pay our own, besides both of our fees are pretty much the same give or take a few thousand and the judge in the FDR said the judge at final hearing wouldn't be interested in those.

I've already done the you have a friend I have a friend, he wasn't interested, now we're having the police come and "prevent a breech of peace" but he wants the keys so he can come and go as he pleases! He says because I won't give them him hell have to apply for set up costs because he'll have to buy another bed for him n kids.

Unfortunately we're way past getting someone to speak to him, he won't even listen to the judge! He thinks that the judge has been warning me about my behaviour instead its him!?

I don't think the financial court hearing I anything to do with behaviour is it? Think he'll just vent. He's not made full disclosure still and the hearing is 9th October. We are going to make a good offer which he'll no doubt decline then I'll have a very good barrister and we'll go for gold.

I remember in 2003 when we viewed our house the previous owners had wall to wall clutter but we looked at the four walls and potential space, let's hope it will be the same. I guess I'm just worried as I want to get the best price that I can so that I get a good deposit for a years time when I buy.

With him not paying anything towards the house or children since January 2014 I had to reduce one of the loans to make all payments so now I have a poor credit score, something we'll be bringing up in the final hearing.

Your costs are equal for the injunctions, so they cancel each other out.

The court is meant to take in to account costs when dividing the spoils, but again they may well be equal (unless you're on legal aid), so he's unlikely to have his costs provided for without you having yours. When costs get taken in to account like this it's because the court has considered the needs of both parties.