Sale of FMH by consent order - ex threats to force sale

[Sickofbully]

Recent high conflict divorce from narcissist. His bullying and control went into overdrive during divorce. One child between us with equal 50/50 care (another story of parental alienation and coercive control).

Final hearing for finances was due end of July. Sale of house had been agreed but no agreement reached on split of equity. He finally made an almost reasonable offer 3 days before so consent order instead of final hearing.
Accepted offer on FMH in May but was unable to seek an onward purchase with no idea of finances/budget. Since consent order (5wks)have viewed 7 properties and offered on 3 - all declined so I'm doing all I can.

Conveyancing for our sale is now almost complete but I have said from start that there will need to be an onward purchase. I have nowhere to stay for the 4 of us and cannot afford private rental. Ex now pushing for completion date on sale for 4wks time and threatening to now take me to court to force the sale.

Meanwhile he is living with parents and me paying all mortgage and bills for FMH. I receive no child maintenance as 50/50 care. I work part-time and him full-time. He only left the FMH 2 months ago having refused to leave for a year.

Is this just further bullying? Would he be able to take me back to court so soon? What would be likely to happen? Clearly he has no concern where his son will be living for 50% of the time. This is giving me sleepless nights and any advice would be much appreciated.

He can apply. He may have a long wait for a hearing date.

And a judge may well refuse his order, if the reality is making you homeless.

Good luck with your house hunting.

Haha good luck with getting a court date anytime soon.
Tell him to go ahead. You will be ready when you're ready.

Thank you for your quick replies @MrsBertBibby and @iloverock. You're both of the opinion that a court date would not be for some time - any ideas of just how long please?

I could understand it if I were being obstructive/unnecessarily delaying things and we were 6 months down the line but the court order was only 5 weeks ago and I'm desperate to move and doing all I can! It's not even as though the sale was court ordered - I was in agreement with the sale and it was a consent order! Thanks again.

If there is a risk of losing the sale a court hearing date can be found quite quickly. In my experience you’re not going to get much joy from the court, especially in a shared care situation where the other parent is living with grandparents. Can’t you move in with your parents short term?

No I can't, haven't spoken to my mother in 12 years and father deceased.

So a court may force a sale so he can buy somewhere instead of staying with parents rent free even though I have nowhere to go and am doing all I can to find somewhere??

It's a joke he earns 3 times my wage. I cannot afford to rent. I'm not even sure if there is a danger of losing the sale - conveyancer has certainly not given me that impression.

We accepted their offer in May. Prices have continued to rise since then so if they pull out they won't find a similar house for the same money - will have to spend .ore or buy less house.

The only reason he wanted shared care was to punish me, to ensure house was sold and to better himself financially. He once said if I signed the house over to him I could keep our son.

@Collaborate - the above, and thank you for reply. They each have their own room at his parents house by the way and the consent order was only 5wks ago.

You seem to want to overturn the consent order. The property is either sold or it isn't. I can't see the court letting you delay or frustrate a sale because you haven't found somewhere else to move to. Harsh as it may sound, you recently agreed to this order. What has changed in the last 5 weeks?

@Collaborate my solicitor advised me at the time I would be given a reasonable amount of time to find somewhere and for the conveyancing to take place.

You need to find out how much latitude you have with this buyer.

Thats the thing @MrsBertBibby @Collaborate I have checked with our conveyancer and our estate agent who have both confirmed there has been no pressure from our buyer. The buyer simply confirmed to our estate agent that they were aware there would need to be an onward purchase and they'd known situation from the start -ie that worst case scenario I wouldn't be in a position to even start looking till the court date of 30/7. The only person putting any pressure on is the ex.

Sorry @MrsBertBibby copied you by mistake but your opinion certainly appreciated

@Sickofbully

Thats the thing *@MrsBertBibby* *@Collaborate* I have checked with our conveyancer and our estate agent who have both confirmed there has been no pressure from our buyer. The buyer simply confirmed to our estate agent that they were aware there would need to be an onward purchase and they'd known situation from the start -ie that worst case scenario I wouldn't be in a position to even start looking till the court date of 30/7. The only person putting any pressure on is the ex.

If that's the case he hasn't a hope of getting the sale forced through. It's only the imminent loss of a buyer that you should be concerned about.