What happens if a person refuses to carry out a court order to sell their house?
I was divorced recently and my husband was given a court order as part of my settlement, to sell the house. He has taken no notice of the court and the house is being repossessed, despite the building society knowing that he did finally agree to it being sold. But it looks like it could be too late now.
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May 22nd, 2010 at 2:09 pm
I think you can sue him for whatever profit was lost due to his defiance of the court order.
May 24th, 2010 at 3:32 pm
get your lawyer in on this!
May 25th, 2010 at 11:14 am
I’d check with your attorney and let he/she know, but I think he can be held in contempt of court for not going along with the court order =jail time. I’m not positive though, so yes, you’ll want to call your attorney.
May 27th, 2010 at 4:29 pm
Yeah, it’s too late Susan.
May 29th, 2010 at 4:00 am
Call your lawyer but the jerk might have won this battle. I am so sorry.
May 29th, 2010 at 11:26 pm
Because its being repossessed because of payment failure he is still liable to pay you the share of what you would have gotten had it been sold. Don’t take this off him. Sue him.
June 1st, 2010 at 9:37 am
You screwed up, sorry to say but it’s just as much your fault as his. You didn’t do enough to protect yourself from this happening. There isn’t much you can do now except cash the check from whatever the house goes for now.
There is one thing you can do, but it requires you to put up the cash and wait to get it back later. Is that what you are willing to do?
June 1st, 2010 at 4:57 pm
I think the court order may supercede the repossession. Since he has a court order he could ask the court to order the building soc to give him time to sell. He needs to get in touch with the court pretty pronto. Or if hes not going to do it you could probably apply as a beneficiary of the court order. If you dont already have a solicitor try getting a half hour free session (most will do this) to check up cos Im not 100% sure.
June 5th, 2010 at 4:02 am
He would be in contempt of court and should have to pay you your half of what the house would have sold for.
June 6th, 2010 at 2:08 pm
these things anger me, whatever happens and when the home is sold on if theres any of the balance left over it will be divided by both parties, its insane cos the property will most likely be auctioned off and only a percentage of the value will be rescued..
June 9th, 2010 at 11:52 am
i agree with Kevin j . and id talk to a lawyer and I’m sorry about your divorce I’m separated from my husband
June 11th, 2010 at 9:08 am
get a lawyer ASAP
June 14th, 2010 at 2:27 am
you have to file a petition to go back to court adn let teh judge handle it , and instead of splitting the cost one one not doing as told may loose all monies from the sale