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Refusing to agree FMH exchange

Posted by deflateddad 
Refusing to agree FMH exchange
September 10, 2021 06:31PM
Hi all,

Well, after a lot of pain, finally got my ex to agree to accept the offer on our FMH. It's moved fairly quickly, buyers trying to beat the stamp duty charge in a few weeks. We were due to exchange today, and at the 11th hour, my ex stops the exchange going ahead citing 'I've got nowhere to move to, you cant kick me out of my own home'.

How can I move this forward? She has known for a long time the house would sell and she'd have to move on (consent order states FMH to be sold on the open market). I've already paid out for a rental in anticipation of the exchange. Does the fact I have just taken on a rented property mean she will actually be allowed to stay in the FMH indefinitely as I now have somewhere to stay?

So confused and upset right now.
Re: Refusing to agree FMH exchange
September 10, 2021 07:00PM
>>We were due to exchange today, and at the 11th hour, my ex stops the exchange going ahead citing 'I've got nowhere to move to, you cant kick me out of my own home'. <<

Under these circumstances if the sale does not go though the proposed buyers have wasted their costs which they can and should seek from your ex. If your ex will not sign it is possible to get a District Judge to sign on her behalf (and have her pay the costs of those proceedings). This needs to be pointed out to your ex formally and as quickly as possible.
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