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Husband obstructing house sale

Posted by Stig720 
Husband obstructing house sale
July 17, 2020 11:26AM

Please could someone offer advise. My husband and I are separating and the divorce is taking forever. I think we have now agreed the financial settlement although my solicitor has to confirm in writing, however my husband keeps changing his mind to stall proceedings.. Our house is going on the market today but last night he told me that he won't be agreeing to any offer as it will take him a long time to choose a new house.

We have kids all under 12 and who are being affected especially due to lockdown. My husband has been furloughed so we are all living together. He is emotionally abusive and very controlling. As soon as he agrees something he then changes his mind. I know he is going to use the house sale as another way of controlling us and I am desperate to get out. Can he keep stopping offers and the house sale indefinitely? Is there anything I can do. At the moment he has not reason to leave, he is doing nothing around the house, has a new girlfriend and I am left babysitting. We have viewings this weekend and he said he won't agree to the offers. I keep phoning my solicitors but can't seem to speak to anyone.

Please help I am desperate to move out and on with my life.
Re: Husband obstructing house sale
July 17, 2020 02:19PM
The financial issues arising from the marriage need to be settled formally and finally. The only truly effective and definitive way of doing that is by way of a court order made within the context of divorce proceedings. That is whether you and your husband are able to reach agreement or not. Even a voluntary agreement needs to be turned into a court order in order to make it formal and final. The court does not have jurisdiction to do this unless and until at least decree nisi has been pronounced in a divorce.

Therefore if you have not yet obtained decree absolute it is very unlikely that there is a binding agreement in force which you can enforce. You need to concentrate upon progressing the divorce to decree nisi and getting any agreement turned into a court order as soon as possible thereafter. Then it can be enforced. Until that point your husband can basically do as he wishes and there is not much you can do about it.
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