How can i inforce sale of the house

[Davinder30]

I got divorce 4 years ago and since then my ex married again. Part of the divorce settlement was he will take my name out of the house ,so i can move on . Since then i have taken him to court few times and he still didn't show any real effort in sorting this method. He told the estate agent he has sold the house privately which is a lie. I am taking him back to court ,but now he is in prison and his parents are living in the property. How can i sell the property and what do i need to ask the judge for?

Go to your local Citizens Advice bureau and they can set out your rights here. If you have already taken him to court is there an order your ex is in breach of? Fundamental to this whole issue is your and his ownership status - if you own part of the property there is a clear way to enforce a sale. If you are not it is more difficult. The fact that your ex parents in law now live there adds another layer of complication as their status (;tenants?) will be relevant.

Thanks for your reply . I have spoken to Advice Bureau and they cant help in this matter. I am on the mortgage, but not living there . His parent always lived with him but own their house, which they rent. He is in breach of order but i am not sure , if i can be incharge of the sale of the property.

That’s not a question anyone can answer without sight of the order.

I’m sorry your CAB hasn’t been able to help - I find it astonishing. My bureau deals with this sort of thing all the time. Did they give you a list of local solicitors and/or law centres who could advise? The court will enforce what the order says. You might find help at your local
Court centre help desk as to what to do if you want to do this alone but you will need all the previous paperwork with you.

Thanks , I was given different number each time to call and they all said they don't deal with family matters. I will try court center help desk, as I was not aware of them. I am representing my self as I can't afford to pay a solicitors. There couple of hour charges is my weekly wages. Thank you for your advice. I am from Birmingham , if you know advice bureau who deals with this kind of matter can you please send me the details . I be grateful.

I had a very similar situation. I went to court to get an order which gave me permission to sell the house without his permission needed, even though it was jointly owned and joint mortgage.

Go on www.citizensadvice.org.uk. On the homepage you can find your local CAB by putting in your postcode. Look up the opening hours and go in person with all the paperwork especially the original order and all subsequent correspondence. There’s lots of info on thecCAB website under Family - look for “ending a relationship” and in that section “what happens to your house”

Thank you very much. I will do.