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Enforce a court order

  • MPcannotcope
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13 Oct 18 #504342 by MPcannotcope
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I had a similar situation there was a footnote in the court order that said the date for sale could be varied not sure under what circumstances that would have applied as actually my ex did the wrong thing and sold the house too quick and the consequences of that on the kids hasn't been good. She could not find anywhere to rent and ended up in B&B which is very expensive so a lot of house equity she should have had is now gone. She would have been better off looking for an affordable rental and taking longer on the house sale but my ex says she felt pressure to sell not from me but from the firm who had the charge on the property for her loan for the legal fees for the lawyers - it was a 100K legal bill charged at 18% interest per year until repaid!

  • me449
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15 Oct 18 #504377 by me449
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Wow, that's some legal bill!

I'm just in the process of finalising a letter to send to my ex reminding her of her court ordered obligations but I'm wondering whether I should just apply to the court instead on the appropriate date and request the order to be executed and me to conduct sole sale of the house.

She will be as obstructive as she can be and I just want to draw a line under all of this.

Any thoughts?

Thanks

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18 Oct 18 #504442 by me449
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One other thing if someone would be so kind to assist.

When I submit the D11 application, in section 3 where it asks:

"What order are you asking the court to make and why?"

Do I put "enforcement of the court order" or specifically "sole conduct of the sale" as well as enforcement of the court order?

Help appreciated

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19 Oct 18 #504461 by crimsonlake
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As has already been said you cannot apply to enforce the order until she has actually breached the order.

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22 Oct 18 #504485 by me449
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Hi, yes, understand that, please refer to my question above.

Cheers

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25 Oct 18 #504520 by me449
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Good morning,

Any views would be kindly received.

Thanks

  • hadenoughnow
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25 Oct 18 #504521 by hadenoughnow
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You need to ask for sole conduct as well as enforcement if that is what you want. A copy of the original order should be sent with it.


Hadenoughnow

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