ex boyfriend wont agree to release funds

[themilster]

Hi everyone, I was wondering if anyone can offer ne some advice. After paying £17000 in legal fees to get my ex boyfriend to sell a jointly owned house (we agreed in mediation so I had to pay my own fees), the sale of the house has gone through. He is now refusing to deal with the profits of the house and the conveyancing solicitor will not release the money until my ex writes in and confirms the split of the money. He is making such pathetic excuses like he is busy, I am at the bottom of his priority list, he doesn't agree with my figures for the split but refuses to provide any figures himself etc. I have a Tomlin Order where it confirms the split of money, how do I enforce this. Do I go to the County Court for an order, or do I do a money claim for the amount I am due from the sale. Any help will be much appreciated, I just cannot afford to get another solicitor and CAB said they don't know how to help. Many thanks. x

He is just playing dirty and trying to wind you up - his solicitor cannot release all of the money to him if an agreement has been made. He probably does need confirmation from your ex to release the funds but at the moment he doesn't have access to the funds either and the longer he messes you about the longer he is without his money also. So I would just play hardball with and not let him wind you up.

Yes you are right he is trying to wind me up, I just want him out of my life as this has been going on since 2008, not sure how much more I cant take!!

Just let him see that you are not bothered and he will eventually give up as he will want access to that money also. Not easy I know but just back down and let him play his games but give him no reaction.

ok thank you appreciate your help and advice x

The Tomlin Order should say something like "all claims stayed, liberty to enforce the order'. That's what you need to do - apply to the court to lift the stay and enforce the Tomlin Order.
You should not need to start a new court case, it should be an application made under the same case number as the Tomlin Order.

Is it a jointly owned house because you've both equally put earnings towards it for many years? I only ask this, as I have several friends who married partners, put their names on their husbands houses and left them a few years later feeling entitled to half the worth of the house. I don't agree with this and if it's the latter, I completely understand why he would try to be difficult. I would too.

But if you've been together a very long time and contributed equally financially then I don't see why he's being so difficult?

Oliveseaturtle the law about marriage is different. And in any case the OP has already agreed with her ex what the split should be and the house has been sold - he's just refusing to release the money from the sale.

ok wonderful thank you very much

Hi Oliveseaturtle, I bought 3 buy to let properties and paid the deposit myself, and gave him half of everything, we were only together 18 months but it was a very manipulative relationship. I agreed he could have two of the properties and he has remortgaged them but with this one I put down a hefty deposit and just want half of it back. It is a form of control obviously but just need to know what legal path I take to get my money from the final property. Thanks for the advice x