Selling of Property Ordered by the Court

The Court has ruled in March 2023 on financial settlement case instituted by my Ex. The Court ordered the family home should/must be sold and the net proceed shared 50/50. The court ordered the property must be advertised by 1st July 2023, the reason for the period gap was because our son was preparing for his A/Level (Year 13) Exams and we both agreed we shouldn't allow the matter to disrupt or affect his exams preparation or his academic performance. The court ruled that the Estate Agent firm that valued the property must be included among the Estate Agents to use in selling the property and the sale proceed should not be less than the valuation amount.

Here are the issues I am facing now and I need your sincere advice:
1. My Ex lives in the property with our daughter who is 22, our son has now gone to Uni.
2. The value of the property has dropped after the court decision due to prevailing economic situation
3. My Ex has been frustrating the process of placing the property in the market because she refused to sign the documents the Estate Agent asked us to sign. The property is now advertised in October when the Agents realised the property is in my name only. She refused to work for 12 year until the divorce proceeding started hence I was the sole buyer of the property and still paying the mortgage even after 4 years I have left the property..
4. She is not allowing potential buyers to enter the property for viewing. She has changed the door locks so I couldn't open the property for the potential buyers to view the property. She ensures she and our daughter are not available to allow the viewers into the property.
5. She is using the police to harass me, for example, I was at the property with the Agent and the property viewers last Saturday, police came to meet me there and informed me that they got a call from her and she sounded distressed on phone and crying that my presence in the vicinity of the property constituted harassment to her. They asked me to leave the vicinity because harassment is a criminal matter when I explained the reason why I was there to the police, they advised me to consult a lawyer/solicitor as it is a civil matter in which they have no jurisdiction but they have jurisdiction over harassment because it is a criminal matter.
6. I do not have the resources to engage the services of a solicitor as I am still paying the mortgage and for my rent, both are draining my resources.
7. I am increasingly finding it impossible to meet up with the mortgage and I know the damage it can do to my credit rating if I miss payments, it is highly likely I will miss the next payment because I am struggling.

I know she is not happy about the outcome of the case because she has requested the court to transfer the property to her 100% because of the children but the court stated the children are already adults.
My questions are:
1. Please what can I do next?
2. If I must go back to the court, what form(s) must I complete and how do I go about submitting it to the court?
3.. What can I ask the court to do to ensure the property is sold as quickly as possible? I don't want the bank to repossess it as I am struggling to pay the mortgage.
4. How quickly will the court make a decision on this matter if I have to go to court? I hope the court would treat this matter as urgent because the financial settlement case took almost 3 years to decide on although Covid-19 was blamed for the period it took.
5. How can the decisions of the court be enforced without police harassing me in implementing the decision? (My Ex likes calling the police and presents falsehood but somehow the police seem to do her biddings) I don't know if it is because she is a woman, they seem to tolerate her lies and manipulations even when they know the obvious. I went to court to seek the divorce which was granted because she was constantly using the police to harass me at home despite the fact there were no issues that warranted her behaviour. I had to leave the property in 2019 to safeguard myself.

I will appreciate your responses as soon as possible. I am really really desperate to get the situation behind me.

Thank you.

Oh dear. Have you got a Decree Absolute/final order? If she registered home rights they would no longer be in force and can be lifted. The da/fo also activates the terms of the order and makes it enforceable.
It sounds like some kind of enforcement is needed. D11 application ? Does the order you have stipulate that the property is to be vacated? Does it say anything about how the sale is to be conducted? What were the arrangements for mortgage payments? Is she required to contribute?
It may be that you also need advice on potential eviction proceedings. I am not sure the family court can order her to vacate.

Hadenoughnow

@hadenoughnow, thanks for responding to my post.

I have got the Decree Absolute 4 years ago and the court has ordered last year that the property be sold. The court ordered my ex should be contributing certain amount until the property is sold. The amount she is ordered to contribute is nothing compared with the mortgage monthly repayment amount. She has stopped the contributions she was ordered to make until the property is sold and the conveyancers said they cannot deduct the balance she didn't pay from her share of the net proceeds when the property is eventually sold as it was not included in the court orders. They advised me to go back to court to obtain another order on it. My ex has deliberately changed her job to a lower salary paying job!

I have completed Form D and requested for court order for her to vacate the property so that it could be sold without her delaying the process. You are right, the family court couldn't order her to vacate the property but asked her to give a commitment she would cooperate with me in selling the property and a commitment to vacate the property on sale completion date. I felt I wasted my time and resources for submitting Form D11 or going back to the court.

Eventually we got a potential buyer but she is not allowing the buyer's surveyor to visit the property and a search on the HM Land Registry by the buyer's solicitors reveals she has applied to restate the charge on the property despite the court order to sell the property. I feel like the HM Land Registry officials don't know what they are doing for considering her application. I said this because I submitted a copy of the Decree Absolute and the court order to sell the property to the HM Land Registry when I removed the charge she placed on the property as she refused to remove it. I wonder why the Registry is considering her application! I am frustrated and I don't know what else to do. In fact, she has stopped paying the amount the court ordered her to contribute toward the mortgage repayment. Right now I feel the system is not fair to me and men generally.

Please what steps can I take right now? Going back to court seems like a waste of time and resource as getting a hearing date is not as fast as one would expect and it seems the judges don't even read the documents sent ahead of the hearing dates. I don't want the buyer to back out. Thank you all.