When a financial order is made by the Family Court, many clients understandably believe that this is the end of the process. In most cases, that’s true. However, difficulties can sometimes arise particularly where a court has ordered that a property must be sold and one person continues to live in it.

Unfortunately, the person living in the property can sometimes take steps that delay or even prevent the sale from going ahead. This can be extremely frustrating for the other party, who simply wants the sale to be completed and the court order complied with.

There have been cases where people have tried to obstruct a sale by removing “For Sale” signs, refusing to allow viewings, or even giving false information—such as claiming to have COVID-19—to deter potential buyers.

Recent court decisions have confirmed that judges have the power to respond firmly to this kind of behaviour. The court can not only reduce the share of the sale proceeds received by the obstructive party but, in serious cases, can also grant a Possession Order requiring that person to leave the property altogether.

To support such an application, it’s essential to have clear evidence of the obstructive behaviour. Estate agents are often best placed to provide this, through witness statements, emails, or records showing attempts to arrange viewings that were blocked or ignored.

If you believe the other party is preventing a sale, it’s important to act quickly. An application to vary the original Order for Sale potentially including a request for possession should be made as soon as there is enough evidence of obstruction. Acting promptly helps to keep additional costs to a minimum and ensures the court is aware of what’s happening. Even if a Possession Order isn’t granted immediately, the court can still take steps to vary the order in your favour and make it clear that non-compliance won’t be tolerated.

By taking early, proactive steps and presenting strong evidence, it’s often possible to resolve these issues more quickly and reduce both the financial and emotional strain involved.

If you’re experiencing difficulties enforcing a Court Order for Sale, our experienced Family Law team at Ridley & Hall can help.

Please call us on 01484 538421 to find out how we can assist.

David Wilson, Litigation Solicitor
&
Vicky Medd, Family Solicitor