The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Judge wording, enforcement order, help please

  • danslife4me1
  • danslife4me1's Avatar Posted by
  • Junior Member
  • Junior Member
More
19 May 23 #521069 by danslife4me1
Topic started by danslife4me1
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.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
21 May 23 #521073 by hadenoughnow
Reply from hadenoughnow
Answered on your other thread

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.