Ex wife obstructing sale of house

[CYNthesys]

Please does anyone have any ideas on how he can proceed, eg can he ask the court to force a sale of the house? Background -soon to be ex-wife obtained non-mol against husband by making false allegations. Marital home needs to be sold but wife obstructing sale, Husband received emails from her making it clear that she would not consent to property being marketed until he consented to her financial proposals (which are one-sided & unreasonable) but due to the non-mol in place he is forbidden from contacting her. As he has no money to instruct a barrister/solicitor to liase with her/conduct litigation he is stuck in limbo at the moment. He has had to sofa surf whilst she continues to live in and entertain her new boyfriend in the jointly owned mortgage free property that was purchased with compensation received by the husband for a traumatic brain injury he suffered in a RTA.

[dslippy]

The divorce will provide a context within which such decisions can be made. The petition includes normally a request for ancillary relief.

[atticus]

If H does not want to agree W's financial proposals, he tries mediation or takes the dispute into court.

[CYNthesys]

Mediation not an option due to the non mol

[CYNthesys]

What procedure would husband follow to take the dispute to court, and would any application have to be made to the divorce court that granted the inside. Husband was petitioner, and court ordered that wife was to pay additional reasonable costs for the divorce

[CYNthesys]

Should read nisi, not inside

[jaguarsuk]

If H does not want to agree W's financial proposals, he tries mediation or takes the dispute into court.

The non molestation order does not prevent him from acting as Litigant in Person in the divorce for the purposes of negotiating the divorce settlement either via mediation or in taking the matter to court.

He is legally entitled to conduct legal proceedings which supersede the non molestation order.

However, he must ensure that he keeps communication solely to the matter at hand, he cannot mention things, such as the boyfriend or how she conducts her life unless adultery is the reason. The best way to do it is by letter as copies can be made and shown if needed.

If she does not wish to communicate with him about the matter she ought to instruct representation.

There is a good chance the police will be called on the first time contact is made about the matter and he may be arrested. If the police are called he ought to simply explain that he is legally entitled to negotiate the settlement of his divorce as Litigant in Person and show them copies of the letters he sent.

If they arrest him, he brings the letters with him and asks for the duty solicitor who will explain to the police and if necessary the court why they are wrong to enforce the non molestation order.

After an interaction with the police, ask for the log number of the incident and that way any future attempts can be shown to be wasting police time. Eventually the Police will come down on the ex if she persists in reporting to them about communication about the divorce.

[CYNthesys]

Thank you

[atticus]

Mediation can take place 'remotely'.

[CYNthesys]

The non mol orders that the only contact that can be made must be via a 3rd party if it relates solely to the children