Divorce done but urgent help regarding the financial side of things, Please Help

[adelita&andy]

Hi everyone, please be patient with me as i am new on this site.

 

My partner divorced his ex wife a couple of years ago and it cost him over £1000 but at the time did not have more money to be able to resolve the financial side of things ie selling the property and a clean break order, so we spoke to a solicitor a couple weeks ago and she said that it can cost him between 3 and 5 thousand pounds to go back to court to sort out the financial side of things. we can't afford this kind of money as we dont have any savings etc, so we are going to attempt to do this ourselfs, the story is as follows and thankyou in advance for any help offered on here as we dont have a clue on what we are doing:-D...

As mentioned he divorced her, she lived in the mortgage free property as they paid the mortgage off before he left her due to her drinking, her abusive and unresonable behaviour 8+years ago, he also did alterations and extension to the property before he left, they have a son together that also lived in the property with his ex wife up until over a year ago when she kicked out her 17yr old son and tried to get him done through the police for actual or grivious bodily harm, the police took the minor to court and she was basically laughed out of court by everyone as her allegations were unfounded and it turned out that she had smacked him and he tried moving her of him when she struck him but because she was severely drunk she fell and hurt herself, the child then went to live with my partner at the grandparents house, she has been harrassing with callls and messages for a number of months now wich has been reported to the police in the past and she got a telling off from them but she keeps doing it, anyway we just want her completely out of our lives now and my partner wants to sell the property that she is in still so that he can secure a home for himself and his son who is now 18yrs old . I went to the courts today and they gave me a CPR Part 8 claim for to fill in. My questions are:

 

1. Is this the correct form?

2. Are there any templates that i could follow to fill it in as there is not much space where it says details of claim.

3. The deeds of the property shows them as joint tenants and he is entitled to half of the house in theory, so how quickly and likely is it that he will get a house sale order?

4. We know that if the judge agrees to him having the property sold so he can receive his share we know that she will try to put prospective buyers off, so can something be added by the judge stipulating that she is not allowed to put prospective buyers off and can he be there when people go to view the property?.

5. Can we send a estate agent round to value the house as we dont have a clue how much its worth so we can add this to the claim.

6. We were also told that after this he has to apply for a clean break order so that she wont be entitled to any of his finances, pensions etc, any ideas on how we go about doing this?

 

Any advice will be very welcomed as we cant carry on with this situation any longer she is making our lives a misery, we have even offered her mediation so that they can come to some form of agreement to sell the house but she point blank refused as in her eyes its her house and he is not entitled to any share of it!!!

[king12345]

As there's a property involved, I strongly recommend to find a solicitor who agrees to be paid on sale completion or raise the money to pay him.

On your own you're likely to make mistakes and if the ex wife is entitled to legal aid or can afford a solicitor, it will be you against a solicitor.

Too much at stake, you can't do it yourself.

We're talking hundred of thousand here, not a bag of peanuts.

[martin2006]

I too think you will need a court order to order the sale if the property if his ex us unwilling to part with it.

As a joint owner of a mortgage free property he will certainly be able to raise funds against his share of the property to cover the legal fees involved.

Now having said that, the ex is also an equal share owner and would have to agree to accept any offer made on the house, the ex could string that out indefinately with refusals which is why you would be well advised not to try dealing with this without legal help.

It is resolveable but will no doubt be very messy with an uncooperative ex.