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Ex partner to buy my share of house after putting in my app to enforce order for sale

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  • Ex partner to buy my share of house after putting in my app to enforce order for sale

    Hi
    Any advice would be truely grateful - I am trying to sell a jointly owned property so I can re house 2 children. My first order for sale was granted in July 2017. My ex won't sell.

    I have recently put in another application to enforce the original order for the sale on my jointly owned property, ex still living there, delaying sale, etc

    I have had my court date adjourned and a notice to await for a further date as my ex partner has put in his own application to buy my share of the property out.

    Why he has waited this long to do so is no surprise as he has never wanted to move, but as I have asked for sole conduct and the house to be reduced every 4 weeks until sold it's given him this
    latest burst of steam to try and regain his control of the situation.

    The trouble is that I am not sure how he is going to fund this and if this is just another one of his tactics to delay the whole situation again.... This means that he will have another 56 days if the judge agrees to allow him to do this but what will happen if he is unable to produce the funds?? Where do I stand with my order which was actually put in first?? Will the judge look at my application and take into consideration that he has defaulted on the mortgage payments already, will they look at his earnings? Will they ask to see proof? (He is that cunning, he could falsify accounts as he has previously done with his account for court last time)

    His company accounts make it look like he is trading at a loss, he gives me child maintenance money equivalent of earnings of £15K a year but lives in an £800,000 house, has a second hand car business and pays over £2K mortgage a month.

    Is there anything I can do to contest this recent application? Get him to prove he can actually buy me out before court. He has never proven that he can buy me out until recently producing a letter from a mortgage broker saying he has been approved. He says this is a buy to let mortgage and that he will have to move out anyway and rent the property.

    Any advice or help on the matter will be extremely grateful. thank you




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