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Legal matters

Can't sell house

32 replies

sardinesandwiches · 22/01/2017 14:21

House has been on the market for over 7 years and still not one offer and a handful of viewings. The property is owned by DH and his exW. What are the options? Especially since the exW is being very awkward and not wanting to drop the price to the value it has been revalued at. We want to get the house sold, move out and move on.

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PolterGoose · 22/01/2017 14:22

This reply has been deleted

Message withdrawn at poster's request.

RandomMess · 22/01/2017 14:23

Can you go to court to force sale at a lower price or buy her out and then resell?

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sardinesandwiches · 22/01/2017 14:32

Thanks for your responses. We really need all the money we can get to put into a new home. It's looking like we may need to go to court to force sale at lower price. She doesn't need the money by the way, it's all about control for her. Is there anyway we can separate the house legally, turn our half into a smaller house and sell it? (Clutching at straws now).

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Berthatydfil · 22/01/2017 14:32

I'm pretty sure that he could get a court order to force the sale.
Probably need evidence such as the valuations obtained compared to her required value, evidence of any actual offers received, their value compared to the valuations and her expected value, evidence of those being rejected and any information of nearby houses being sold and those sales values.
Also how actively is is being marketed ?

Can he buy her out at all?

I would say to go see a solicitor

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sardinesandwiches · 22/01/2017 14:35

Yes we have evidence of valuations, and we've had no offers. House is with estate agents for marketing.

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sardinesandwiches · 22/01/2017 16:30

Hopefully bump if anyone has any more ideas

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akkakk · 22/01/2017 16:57

put it up for auction - simple, it will go for near enough the market value - if it has been on sale for 7 years even a reduced price now is probably more than the market value 7 years ago - so take the money and move on...

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MrsBertBibby · 22/01/2017 17:21

Is this England/Wales? Is there an order setting out the financial deal? Does it provide for sale of the house?

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expatinscotland · 22/01/2017 17:26

'put it up for auction - simple, it will go for near enough the market value - if it has been on sale for 7 years even a reduced price now is probably more than the market value 7 years ago - so take the money and move on...'

Can't do that without her permission.

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sardinesandwiches · 22/01/2017 17:51

Yes it's England. There's no financial agreement it's 50:50 split on sale.

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DelphiniumBlue · 22/01/2017 17:59

Yes, see a solicitor with a view to obtaining a court order for sale.
Who lives in it? Does she? Who pays for maintenance of the house?

If there's no agreement, I'd be looking at ways to make her see she can't have it all her own way - like DH moves back in, or puts in a lodger, or in some way exercises his rights of ownership. But then I am a bit confrontational....

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MrsBertBibby · 22/01/2017 18:02

So he has married you without getting an order sorting out finances?

Was he the petitioner in the divorce?

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sardinesandwiches · 22/01/2017 18:14

We live in the house but we really want to get out and buy our own home. He petitioned for divorce due to her cheating habits. Absolutely nothing to do with me. We have been maintaining the house and have worked really hard to get it looking good for resale but it's going to need more work doing soon and we're not prepared to throw good money after bad.

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MrsBertBibby · 22/01/2017 18:30

Does he have a copy of the divorce petition hsndy? Did he tick the boxes at the end seeking financial orders?

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sardinesandwiches · 22/01/2017 18:39

MrsBert, I will ask him to dig out his paperwork and check. As far as I know they agreed to 50:50 split of the house.

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MrsBertBibby · 22/01/2017 18:46

What they agreed is I fear irrelevant. Check the petition and come back.

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sardinesandwiches · 22/01/2017 20:33

Can't find any application copies but there is a written agreement that says 50:50 share of the house when sold.

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MrsBertBibby · 22/01/2017 21:21

I'm afraid that's of no use, if he has remarried without making his financial claims then the court can't make an order on his application.

If he put the claims in his petition then he may be ok.

You can get a copy of the petition for a small fee, I think that's his next step.

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sardinesandwiches · 22/01/2017 21:49

Thank you MrsBert that's very helpful I'll pass it on to DH.

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sardinesandwiches · 23/01/2017 06:33

MrsBert, what do you mean when you say he has married me without getting order for financial agreement on his divorce? How do that affect me?

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Collaborate · 23/01/2017 07:26

If he's the Respondent in the divorce and he remarries before applying for financial orders then he can't apply for them any more. The petitioner is different, as a petitioner's application is made in the prayer of the petition itself, so the application is made before remarriage.

That means the court cannot adjust property rights, make pension sharing orders, or maintenance on his application.

He can however apply for an order for sale under the Trust of Land Act - numerous threads on Legal about how that works.

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MrsBertBibby · 23/01/2017 07:47

It doesn't affect you, or the validity of your marriage. Under s28 (3) Matrimonial Causes Act 1972, if a divorced person remarries, they can no longer seek orders for financial relief in respect of the first marriage.

If your husband ticked those boxes in his Petition, then he is probably ok to seek property adjustment orders even now. There are arguments that even then, he can't, but the preponderance of opinion would I think be on his side.

If he didn't tick the boxes, then his only hope is an application under Trusts of Land and Appointment of Trustees Act. Whether he can use such an application is also subject to some legal debate : there are statements in judgements both by Lord Justice Thorpe, one suggesting he can't, one suggestIng he can. Cheers for that, m'lud.

Personally, I find it hard to believe the court would permit a situation to arise where your husband is left with a joint asset and no remedy but the death of himself or his former wife, but I'm just a simple minded solicitor, not a learned judge, so what do I know?

On a practical note, please tell me your husband has severed the joint tenancy of the house, and made a Will leaving you his share? If he hasn't, then please, don't lift another finger to show him the slightest kindness until he has, since if he falls under a bus, your whole home belongs to his ex.

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sardinesandwiches · 23/01/2017 10:14

This isn't looking good so far. The house is in joint tenants still but he has a will leaving his share to me. Confused now as from what I've learnt the will means nothing if house is joint tenants.

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MrsBertBibby · 23/01/2017 10:19

www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

What bloody donkey made his will without advising on severance?!

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MrsBertBibby · 23/01/2017 10:21
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