Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Timelines to sell House by Court Order - Circuit Court

  • 30-07-2024 1:09pm
    #1
    Rezident
    Registered Users, Registered Users 2 Posts: 1,814 ✭✭✭


    Circuit Court gave me 6 months to sell the family home as part of divorce agreement, back in February. I was asking for the Court Order for months as the banks need it for a new mortgage. However, the CC (in Kerry) did not issue the Court Order until end-May/start June (barrister called it 'the most contested divorce in the the circuit court'), it is complex.

    Family Home is in Dublin but I have to go to Court in Kerry every time. Trying to sell house asap as my gf won't move in with me until I'm out of the cursed house, given what my ex did here.

    Solicitor rang me last Friday morning to say the other side 'pulled a fast one' again to have us up in Court on Friday morning (they only told me and claimed to only find out on that morning itself) so obviously I have no way to get to Court in Kerry in time. This happens an awful lot in Kerry. Is that normal? To only be informed that you are due in Court in Kerry a few hours beforehand while you are in work in Dublin?

    Now apparently judge issued a new Court Order in my absence, again, saying I have to vacate the home in the next few weeks (6 months after Court in Feb) but they did not issue the Court Order til end-May so there is no time to get a mortgage plus find another place yet. I am still waiting for mortgage approval. Sounds like my solicitor forgot to tell the judge the delay was due to the Courts delay in issuing the Court Order.

    The Kerry Courts are different in general but this is not reasonable. Is there anything reasonable that can be done?

    The District Court in Kerry was excellent but the Circuit Court is a madhouse down there every single time for over five years. You would not believe what goes on.

    Also my ex has broken the Court Order over thirty times, with impunity, but the solicitor is saying that if I breach the Court Order I go to jail. Is this real?



Comments

  • #2
    phildub
    Registered Users, Registered Users 2 Posts: 261 ✭✭phildub


    If the court order is to vacate the property within a certain period and not, on the the condition you get mortgage approval, then I'm not really sure how you can blame the court that you sat on your hands for six months and did not find somewhere else to go. Even if you got mortgage approval, given the current climate you would be very luck to find a property fo sale agreed and get the keys within six months.

    The court don't monitor their orders it is for you to bring an application if there has been a breach. If you are in breach you can if course be sent to jail but there are other options. Has your solicitor not explained any of this to you?

    Perhaps it was an exparte application that was heard, I can't see a court hearing a matter without proof of service on the other party unless it was exparte



Advertisement