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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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My ex and I have been divorced for 8 years in the marital agreement

Customer Question

My ex and I have been divorced for 8 years in the marital agreement there is a 60:40 split in the profits from the house sale in my favour. The house is for sale and I am moving out in 2 weeks, my ex's rental house contract is due to finish and he has asked to move in here when I and our son move out until the house is sold to help him out. All I am worried about is him getting too comfortable here and the house never selling although he has assured me this won't happen. Is there any kind of agreement to make sure this doesn't happen or, as his name is XXXXX XXXXX mortgage there isn't a lot I can do?? I will be paying the mortgage myself but getting the money from him as I want to make sure this is paid.
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
I will do my best to assist you but I need some further information first.
Are the arrangements for the sale covered in a Consent Order sealed by the court?
Customer: replied 4 years ago.

In the divorce agreement it states a 40:60 split upon sale, I can stay with my son until he is 18 or in full time education, but there was a bit about my ex getting himself taken off the mortgage which I believe is quite standard but he refused. I didn't realise that this voids what it written there but my solicitor a while back said to just show that to the solicitors who handle the sale to make sure the split is done correctly if this makes sense.

Expert:  Clare replied 4 years ago.
Just to check - was this set out in an order that was sealed by the court?
Customer: replied 4 years ago.

Yes it went through the solicitors

Expert:  Clare replied 4 years ago.
Then technically if you ex tries to prevent the sale you can apply to the court to have him removed so that you can deal with the sale yourself.
The real concern is whether he will actively sabotage the sale by telling prospective buyers about any "problems" - but if he does that then as I said you can go to court and get him removed
Sadly there is going to have to be some trust involved - but I suggest that you stay in very close contact with the estate agent
I hope that this is of assistance - please ask if you need further clarification

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