I have had an enforcement hearing, to enforce the price and process of the former
matrimonial home, which has already been ordered forsale.
The judge eventually produced a 'General Form of Judgement or Order' which included the following wording;
1. The price for sale of the Former Matrimonial Home shall be not less than £460,000.
2.The Respondent Wife shall co-operate with sale process and allow potential purchasers to inspect on reasonable notice.
(The house has been forsale at £500,000 for nearly a year, which is way over what it should be, but ex refused to lower the asking price).
My question
Does anyone know what this wording actually means in practical terms, and where to go from here. Am I missing something?
The
original order states that the price of the property is to be set between the parties, or in default of agreement, determined by the court.
Does the enforcement wording mean that it should now be sold for £460,000, as this is now ‘determined by the court’?
My ex and her solicitors are stating that it does not mean this, and is just a ‘minimum’, in which case it has enforced nothing.
I have already applied back to the court for clarification, and again asked for ‘sole conduct’ over the sale.
What wording ‘should’ be included as it appears this wording is not sufficient by the judge?
What have others done to ensure the price is determined by the court and is actually effective?
Thank you for any responses or insights.