How legally binding is a court order to buy ex partner out of jointly owned house?

[sneezecakesmum]

Background: BIL and ExP (never married) have agreed a sum of money for her to buy him out of his share of the property (joint tenants). She is borrowing the money to do this.

The document (prepared by BILs solicitor) has been ratified by the county court.

They have a 17 year old daughter still residing at the property with her mother who will be in full time education til she is 18.

If ExP defaults on this agreement (she has a track record for this type of behaviour) does BIL take her back to court?

Can he put the house up for auction on the back of this court order?

Would the 17 year old daughters residence come into it?

He is assuming his costs will be awarded against the ExP as she has made every effort to run up huge bills for BIL.... (successfully!!)

fyi BIL does not want his DD out of her home, but wants a clean break rather than wait until DD is 18 (hence accepting far less than 50% value of the house). At this stage he would be prepared to force the sale when DD is 18 and delay getting a penny, especially as we can't see a judge insisting on an immediate house sale. Can he do this via mediation to save going back to court?

[Collaborate]

Has the order actually been made yet? Sounds like a can of worms. If she delays paying him then interest should run at an annualised rate of 8%. Sounds like he's not getting the money much sooner than if he waits until she's 18.

[sneezecakesmum]

The order was drawn up by BILs solicitor and the exP had to come into the office to sign it a few weeks ago after writing over the first one sent out to her home making it not legal (costing BIL another solicitors letter £140?!!)

She kicked off at the solicitors and stormed out coming back 15 before the deadline and signed it...apparently she didnt like the bit that said she could go to prison! Also insisted on 56 days to pay the money. The senior partner said he's never come across anyone so obnoxious in all his career!

Anyway BIL signed it and it was sent to the court so I think it is all legally binding as a court order, though I doubt anyone would be sent to prison! His solicitor has said nothing more needs doing and the court date was cancelled again.

DD is not 18 until apr 2013 so after 15 months of this rigmarole he would probably wait until she is 18 but would have to get a legally binding agreement (perhaps via mediation?).

The house needs remortgaging this april anyway so the BS might put pressure on her. Her DD from her first marriage is taking out a new mortgage and going on the deeds as a 50% joint tenant. So ExP no better off after thinking she was getting everything lol!

Just wondered what would happen if the 56th day came and went and no money! Nice to know about the 8% interest charges!