house split
Hi all
I had to leave the matrimonial home 14 months ago with my 3 daughters as my wife was making life very difficult for my 3 daughters (2 under 16, 1 under 19 in full-time ed.) during a split. I rented for a while whilst a divorce was sorted out and we arranged in the financial settlement that the house would be sold and split 50-50. She has no children in the house and has simply moved her new boyfriend in. For financial reasons over the length of time this is taking me and my kids am now having to stay with my mother as the house hasn't had a single offer in the last 14 months which is very surprising considering the quality and location. I feel that my ex has no reason to sell as she is living rent-free in a 5 bed house and she does all the viewings. My question is do I have any options ? Can I force her out and rent the house out (splitting the proceeds) while it is for sale or can I apply to have her ejected and move me and the girls in until it is sold...neither of us have the funds to buy the other out. Any advice greatfully recieved.
I assume from what you say
I assume from what you say that in your divorce proceedings that there is a final order dealing with all financial matters.
Generally speaking this is conclusive but in your order there is likely to be a provision which says "Liberty to apply as to the implementation of this order".
This would enable you to go back to court to voice your concerns as to the delay. I think it is unlikely that the court would order your former wife to leave but it would investigate what has happened. It could give directions as to who is to have control of the sale and make suggestions as to the price at which it should be marketed as well as forcing your former wife to change agents if that was apporpriate.
I also assume that your former wife is not prepared to cooperate with you on this because as I say so often on this forum going back to court would be very expensive for both of you.