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Help with ES1 for LIP

  • DeeP66
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13 Jul 24 #523492 by DeeP66
Topic started by DeeP66
Brief summary - filed for FDR April 2023. First hearing Nov 2023. Stbx was represented but dispensed with his solicitor after first hearing. He completely refuses all attempts to communicate wih him.
The order from the first hearing stated that the house was to be sold with the mechanics of the sale to be decided between ourselves but this has proven impossible as he ignores all communication from me. We're now facing repossession. After appealing to him through his brother, I've managed to get him to sign a contract to market the house but now we've had an offer on it he's ignoring all contact again so I can't accept.
Only assets are the house £135k,my pension £37k and his pension £97k. Debts are £50k ( £35k mortgage and the rest loans and cards in my name only) He moved out in Dec 22 and I stayed and paid the mortgage until I was forced to move out into rented accommodation a year ago after various acts of vandalism at the house while I was at work and threats to let my dogs out onto the main road to be killed.Although I can't prove any of this of course.
FDR hearing is scheduled for13th August but I've no idea whether he will attend or submit his documents.
How do I avoid an adjournment and in particular how should I complete the "orders sought" section of the ES1 .
I desperately need to ask the judge to give me full control of the sale to avoid repossession.
Can anyone tell me how to word this on the ES1 please?
Also, if the property sells and we still haven't agreed our finances, how do I stop the remaining money being split 50/50. He doesn't want me to have a share of his pension (which I provisionally agreed for a larger share of equity) but now says -via his brother- that either I accept 50% of the house proceeds after costs and mortgage as full and final settlement or else he's prepared to allow us both to lose everything. That would leave me with less than £30k. I'm 58 and struggling to pay the rent even with a full time job. My previous 40 years good credit rating is destroyed....there's no way I can accept.
Any help appreciated please

  • hadenoughnow
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20 Jul 24 #523547 by hadenoughnow
Reply from hadenoughnow
Hmm. I think you will just have to say you seek sole conduct of sale and for the court to sign sale documents in the absence of cooperation. The judge may say you need to make a separate application for this. In fact it may be best to put in a D11 now so directions can be given at FDR. You may also ask for the matter to be listed for final hearing even if you don't have a meaningful FDR at which negotiations take place.
You will need a position statement setting out the situation in more detail and outlining what you need the court to do.
In the absence of agreement on division of equity, the funds can be held until a financial order is in place.

Hadenoughnow

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20 Jul 24 #523550 by DeeP66
Reply from DeeP66
That's sound advice, you've been a great help. Thank you

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