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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been informed that my house which is in joint names

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I have been informed that my house which is in joint names has been sold. Yet the ex wife refuses to leave anytime soon. What is my course of action to get her to leave the premises before 8th August, which is the exchange date. PS She is very hard to get in contact with.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Was there a Court order made with regard to the house and it’s sale
Kind regards.
Customer: replied 6 years ago.
No. We both agreed at the beginning of the separation to sell the house. We both went to the estate agents and both signed the paperwork to sell the house. I left the house, but have kept up mortgage repayments since last august. Now the new buyer is ready to move in, and my ex is the only one who lives there, and is not respoinding to correspondence, and they cannot get hold of her on the phone.
Ok, have you both instructed solicitors to act on your behalf in your divorce?

Are you actually divorced?

Customer: replied 6 years ago.
We did and we are. I have the letter from the courts, stating i can remarry if i wish. this came through in april/may

Thanks for your reply.

You’ve got to speak with the solicitor who is acting in your divorce for you. Explain the difficulties you are having with your wife. He will communicate with her solicitors, who shall take her instructions about her present position as to the sale of the house.

If any agreement cannot be reached with her to sign the contract and associated documents relating to the conveyance of the property then you will have no option but to make an application to Court and involve the court in determining the financial settlement and what is to happen to the house.

If she is not amenable to selling the property any longer and you are forced to go to Court then it will take much longer to reach a determination of settlement and a Court order than by the 5th August so I regret to say that if her position has changed and is resistant to the sale then it will not re resolved by the exchange date that you have in mind.

Sorry it could not be better news.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,

Customer: replied 6 years ago.
I do not feel she is against the selling of the house. So the form she signed at the estate agents in relation to the sale does not count. I just want to know, plus i feel she is not staying at the property full time. Would a week to allow her to find another accommodation be fair before i start to push for proceedings?
It sounds fair, yes but really from a negotiating stand point you are probably best positioned to know what method is best to achieve her vacation of the property because you know what she is like.

Speak to your solicitor and ask them if they have heard anything from your wife's solicitors altering her position with respect to the sale, then decide how you wish to approach it.

Obviously though, alternative accomodation is crucial I should think to resolving this situation so I suppose you will need to make it as easy as possible for her to achieve this.

I trust this clarifies and should be grateful if you would click accept.

Kind regards,

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