Advice needed- Sale of flat after divorce

[mint_leaf]

Need help here. I have just finalised my divorce in Dec 08 and the court had ordered our flat to be sold with 6 months. The problem is, my ex is currently occupying the flat with his parents and changed the lock to the house. During the hearing, it was agreeded that he will be ¡°cooperative¡± with the sale of the flat (i.e arranging for potential buyers/ agents to view the flat etc). Though I am the co-owner, I have move out a year ago and allow them to stay there. Now the problem is that they are trying to delay the sale (cos they have not found a new place yet. In fact, they are not even making the effort to find, doing nothing about it all along). So, I engage my housing agent to arrange for viewing etc, but he is trying to be very difficult. He will purposely switch off the hp, and refuses to pick up my calls or smses.

What can I do ? Now I can¡¯t even go back or contact him. I can¡¯t be going down to the flat and wait for him right ? How to sell the flat like that??

 

[sherlin]

Go back to your lawyer and tell him about the situation. The lawyer may get another court order to force him to sell. If he doesn't sell and makes excuses not to sell, he will be in contempt of court and will be charged.

 

[sgbabydoll]

If your husband wilfully decides to sit on the sale of the flat, you can seek legal help. For example, you can apply for court injunction to enforce sales, etc. But before you attempt this, you need to show that you have exhausted your means to get his co-operation, which you do have -he changed all the locks to the flat; your property agent is having difficulty to market the flat; he doesn't answer your phone calls or SMSes. Note that the legal cost is above $1K and does not include the legal cost that will be incurred to have an eviction order served him, which may be necessary.

Time to check with your lawyer. Get the legal procedures right and communicate this to him. Hopefully, he budges and you don't need to spend a quarter and more time on it.

 

[pingping]

Can I keep the house if I am divorced?

 

[sherlin]

PingPing, it depends. Pls seek your lawyer's advice and your intention to keep the house.

 

[smileguy]

Pingping
not much details...can be a yes .. can be a no...

 

[sleepwalker]

Is it not possible to make a police case?

 

[Confused2022]

Hi
I’m facing the same issues. My ex refuses to let me buy over his share of flat. My D lawyer did not do a good job. There is no empowerment clause in the court order. Can you please share with me what did you do eventually? My ex is violent and non cooperative. Thank you.