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Enforcement of property sale ?

Posted by Pennywise 
Enforcement of property sale ?
July 29, 2019 01:24PM
Good morning.
I have a question with regards to a court order with regards to my divorce and financial remedy court case which came to a conclusion a few months ago.
I could not afford a solicitor and represented myself throughout the process.
I still reside in the matrimonial home with my son who is 15.
I pay for the mortgage and all expenses relating to the property, my ex is paying nothing.
The judge ruled that the property be sold, but that I should be awarded 100% of the equity, be in sole charge of the sale process and be awarded a pension share.
My ex is to pay for the costs of the pension share to be implemented, which he wasn't too happy about as it will cost him £3000 in fees.

The last hearing was in May, the finalized court order came through in June from the court.
I have since had an EPC done for the property and put it on the market, but it hasn't sold yet
I now had a letter from the solicitor of my ex stating that they are disappointed with the progress so far and they intend to make an application to court for an enforcement order....
I am not sure what to make of this, what else is there to enforce , the court order only came through in June and the property is on the market.
On the other hand they have made no arrangements yet to implement my pension share, which I was awarded.

If they make an application to court to enforce the judgement, is there a form I can fill out to respond to this to say the property is being marketed ?
Or what would be the process ?
Re: Enforcement of property sale ?
July 29, 2019 02:16PM
If the property is on the market for a price recommended by the estate agent and you are acting in good faith then they have nothing to enforce. On the other hand if, for example, you are marketing it for a price which is too high to be justified they could have a point.

For what t it is worth it is not their responsibility to implement the pension sharing order. The pension sharing order is for your benefit and so it is your responsibility to see that it is implemented.
Re: Enforcement of property sale ?
July 30, 2019 04:35PM
The property was valued at £168000 by a surveyor (not an estate agent) and I have put it on for 170000 to allow for some downwards negotiating room, so buyers can knock me down,
Some research showed that houses in the same street were put on for around £170000 and sold for £165000 - £169000
I thought if I put it on for exactly what it was valued at they will still try to knock me down,so I thought I list it for the same as others in the road with some haggling room.
But I don't feel it is over the top.

As for the pension share I thought the other party had to send the pension share annex from the court order to their pension provider to get the process started.
As I am not represented I thought the other sides solicitor would do that, but maybe I am wrong and need to take this up myself.
Re: Enforcement of property sale ?
July 30, 2019 06:33PM
1. You will need evidence that an estate agent has recommended that it be marketed at £170,000 in order to have proper evidence. Estate agents market properties, not surveyors.

2. You are the beneficiary of the pension share. It is therefore your responsibility to ensure that it is implemented unless a court has ordered otherwise.
Re: Enforcement of property sale ?
September 17, 2019 03:03PM
I have since contacted the pension provider and they say they have already received all the necessary paperwork.
So either the other parties solicitor has sent it or the court did and nobody told me.
Anyway, they have got all the papers, that's good.
However, they also say they have raised an invoice for the implementation fees (just over £3000) and sent it to my ex (court order says he should pay 100% of the fees), but he hasn't paid it so they can't proceed with implementing it.
They won't allow for it to be taken out of the fund, so it has to be paid against invoice.

I have sent a letter to his solicitor reminding him of the judgement and that his client is liable for these charges but have not had a response so far.

If my ex is not paying the fees and subsequently the pension share is not implemented, is that a breach of court order by my ex or the pension provider ?
The hearing was in early May, the court order came through in early June.

How long is it acceptable to wait for this to be implemented ?
Re: Enforcement of property sale ?
September 18, 2019 10:53AM
>>If my ex is not paying the fees and subsequently the pension share is not implemented, is that a breach of court order by my ex or the pension provider ?

It is a breach by your ex and if push comes to shove he can be brought back to court about it if he doesn't pay. There is usually a clause which says, 'Liberty to apply'. That is basically so that any issue about implementation can be referred back to the court if necessary.

Having said that, for most people £3,000 is not small change so he may need time to raise the money. In the first instance you should simply write to his solicitor raising the problem and asking when they anticipate their client will be in a position to pay. That is not to say that you should wait indefinitely but some determinate time scale should be acceptable.

The other thing, of course, is that your share of the pension will be a percentage of that pension. Typically the value of pensions rises over time (although not necessarily without fluctuation) so it just possible that a delay works to your advantage rather than his. This can't be taken for granted but it is certainly sometimes the case.
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