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I was ordered to sell the family home by a judge.. I went to umpteen solicitors (at £120 a pop) and even came on here for advice.
I wanted to share my experience, incase it can help someone else..
I wanted to buy out my ex husband - he wanted the house sold - judge ordered me to sell it
I then refused to put it on the market, as I was in a position to buy the house myself - why couldn't I be the buyer and save on estate agent fees etc
I had the house independently valued at least 3 times and allowed my ex to do the same, so we could get an average value.
My ex wanted the market to determine the value and not the agents and insisted it went on sale... I continued to refuse..
He took me to enforcement stage in court - judges hands were tied, as an order had been made - I apparently had to sell it - I had 2 kids aged 11 & 12 at the time aswell !! I still refused..
Eventually a final hearing - the judge was going to force me once and for all, but I discovered a clause in my original order which meant the judge had the power to CHANGE the original order!
No other judge, no solicitor, no barrister - nobody had noticed this before until I myself did at the last hurdle..
This clause is called EX TEMPORE - It was written on the original order.
It means that an order which has been previously made and is written 'ex tempore' and where the SAME case returns to court.. the Judge has the power to make a different order if would provide a better outcome and therefore is allowed to change it.
So.… order CHANGED to force my ex to sell the house directly to me..
That was a year ago... what a longggggg and stressful time that was (3 years it took) and all along the Judge could have changed that order!
I wanted to share my experience, incase it can help someone else..
I wanted to buy out my ex husband - he wanted the house sold - judge ordered me to sell it
I then refused to put it on the market, as I was in a position to buy the house myself - why couldn't I be the buyer and save on estate agent fees etc
I had the house independently valued at least 3 times and allowed my ex to do the same, so we could get an average value.
My ex wanted the market to determine the value and not the agents and insisted it went on sale... I continued to refuse..
He took me to enforcement stage in court - judges hands were tied, as an order had been made - I apparently had to sell it - I had 2 kids aged 11 & 12 at the time aswell !! I still refused..
Eventually a final hearing - the judge was going to force me once and for all, but I discovered a clause in my original order which meant the judge had the power to CHANGE the original order!
No other judge, no solicitor, no barrister - nobody had noticed this before until I myself did at the last hurdle..
This clause is called EX TEMPORE - It was written on the original order.
It means that an order which has been previously made and is written 'ex tempore' and where the SAME case returns to court.. the Judge has the power to make a different order if would provide a better outcome and therefore is allowed to change it.
So.… order CHANGED to force my ex to sell the house directly to me..
That was a year ago... what a longggggg and stressful time that was (3 years it took) and all along the Judge could have changed that order!
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