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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33898
Experience:  25 years experience of all aspects of family law
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My partner has a Consent Order in place which gave joint conduct of sa

Customer Question

My partner has a Consent Order in place which gave joint conduct of sale. Whilst this was being signed his ex wife put the house on the market without his knowledge at a value much higher than my Partner anticipated. He then appealed his Order and requested another slightly higher amount of capital and informed the estate agents that an order was in place and no offers were to be made until his appeal was signed by the Judge. His ex wife accepted an offer whilst this appeal was with the Judge and the house is now sold subject to contract and she has instructed a solicitor for conveyancing - all of which is in breach of the Order. My Partner is wondering whether he can now request the Order be set aside in order that the matter return to Court to enable him to realise more of the capital? He believes that his ex wife knew the value of the property prior to signing the Order. Is this possible?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Consent Order made and how is the equity divided between them?What makes him think that the court will agree to his application?Clare
Customer: replied 1 year ago.
It was revised in April. Don't worry Claire. I think it's too complex. He just can't believe she has been able to put his house on the market and accept an offer without his input despite the agents knowing he had joint conduct part way through. She did not inform them of him initially. He found his house up for sale and then sold by chance on the internet. He believes his ex wife knew of the £90.000 extra value prior to signing the original Order. The equity is split 200,000/90000 in her favour with him keeping his Pension of 135000.He has always maintained he would rather take more capital than pension and feels his advice at key points has been lacking. He can't believe he has no recourse. He has a complaint against the estate agent in place. She is now threatening a request for sole conduct and possible court due to delay on his part
Customer: replied 1 year ago.
He has written to his ex wife stating he requires 98000 and he will sign to sell. He has said he is willing to request a setting aside based on her continued breach and poor advice.
Expert:  Clare replied 1 year ago.
Hi
I am afraid that if there is an order for sale then his ex was entitled to market the property as swiftly as she wished - the fact that there is to be joint conduct does not prevent her from going ahead with it
Appealing a Consent Order can only be done in very limited circumstances - and the fact that the property is worth more than he thought is not one of them.
I am afraid that the fact that she has secured a sale at a good price will mean that any delay by your partner could indeed lead to an Order giving his ex sole conduct of the sale.
He may well have been given bad advice - that does not negate the Consent Order
Do please ask for any more information that you need
Clare