To think this isn't going to happen and we should pull out?

[BittyBatHats]

We placed an offer on a house that had been on the market for over a year. It is jointly owned by a now divorced couple. Part of their divorce settlement was that the house needed to be sold by June 2021. The ex-husband is living in the house. They clearly hate each other deeply. Our offer was accepted by the ex-wife but the ex-husband has refused saying he now wants to buy her out. Our offer was the asking price they had mutually agreed. The ex-wife doesn't think he actually intends to buy her out and this is a ploy to make our offer go away. They have been back to court apparently and the judge asked for our offer in writing which we supplied. Now they go back again next week. Is there any chance the court will force the sale even if he wants to buy his own house now? He's had 4 years to buy it off her if he wanted to.

Yes the judge can force sale and sign papers on his behalf if need be, well that's what happened with SIL

IME judges are very likely to force sale to you in these sort of circumstances

Even if he wants the house and has the funds to buy her out?

Wow! Poor couple. So sad. I guess it having gone on for 4 years will help the wife's case (and therefore yours). He's had ample time. And at least no one likely to be tempted to come in and gazzump you!! No real life experience of this though. Mainly just responding to bump the chat.

Going to court to force a sale is expensive and difficult.

She clearly wants to sell to you.

What’s the rest of your position? Sold? Renting? Do you have a time line?

The judge can force the sale. If he wanted to her out he would have done it by now.

Agree with the above; I have just had a Judge order that I (as one of the parties lawyer) was to sign the Transfer Deed in the place of the other party, to enable the transaction to go through.

Whilst the judge can force the sale, surely there's the small problem of him being resident in the property, so you also need to get him out of the property.

To he honest you might as well wait and see what happens next week rather than pull out now.....

I would wait the week

We've accepted an offer on our house and moving through the process on our own house.

The ex-wife detests him and the feeling is mutual. I've only met him. Apparently he had an affair with a much younger woman and now of his 6 kids speak to him. He looked broken. But not broken enough to just get this over with. He's strung it out as long as possible. Hence why she doesn't trust his offer to buy her out. The whole thing is incredibly sad. But I still want the house!

@sirfredfredgeorge Yes this part worries me...even if the judge orders the sale how do we physically get him out? He owns several other properties so it's not as if he has no where to go! Will this just end up in endless court battles where we have to pay to get him removed?

Wait a week and see what happens at court. Be prepared to walk.

My ex stayed in our formal marital home and dragged out the financials. I took him to court finally, 3 years after we separated, and the judge set a price at which the house must sell. 6 weeks later we got an offer at the agreed price and the ex was advised not to fuck about with refusing to vacate etc. It completed weeks later.

Wait the week op.

I'd wait for further news but be prepared to walk if I thought he would be difficult at the point of sale and refuse to leave the house. The judge absolutely can force a sale yes, if he actually had the funds ready to buy her out he would surely have done so or shown evidence already.

Re: the analysis of his personality and rumours about infidelity- I would just stay out of it. It's none of your business, you don't know them and this is a legal transaction. I wouldn't involve yourself any more than you have to or make a stressful scenario one with any additional emotional involvement or investment in them as people.

This man is a "type" in a divorce - he would (figuratively speaking) defiantly burn his own house to the ground to stop his ex getting any equity. He needs to rage at her to make his behaviour somehow her fault in his own mind.

Knowing this sort of man, I wouldn't exchange contracts without a court order that he vacates before exchange and an inspection proving he is out. It is extremely difficult to evict at present, however a financial remedy order with teeth may incentivise him to leave, stay gone, and not pose any further issue through to completion.

On no account should you even contemplate completing whilst he is living in the house. As above, I wouldn't even exchange with him in situ.

@dontgobaconmyheart He's the one who told me! I went round for a second viewing and he asked me how many children we have and to be fair was generally pleasant. It's a large house that would really only appeal to people with a large family. I then asked him how many he had and the whole story came tumbling out....it was actually incredibly awkward and I felt bad for him. But now having seen how he's behaved that has evaporated rather fast!

I've only given the context here as I do think it's hugely influencing how these two are moving forward legally. None of this is driven by logic and there is deeply entrenched hatred.

And if he is forced out, might he trash the place before he goes? Again, legal textbooks will say that in that case you can seek compensation but realistically you’d probably get nowhere.

@PicsInRed

This man is a "type" in a divorce - he would (figuratively speaking) defiantly burn his own house to the ground to stop his ex getting any equity. He needs to rage at her to make his behaviour somehow her fault in his own mind.

Knowing this sort of man, I wouldn't exchange contracts without a court order that he vacates before exchange and an inspection proving he is out. It is extremely difficult to evict at present, however a financial remedy order with teeth may incentivise him to leave, stay gone, and not pose any further issue through to completion.

On no account should you even contemplate completing whilst he is living in the house. As above, I wouldn't even exchange with him in situ.

This is excellent advice @BittyBatHats. Please do take it to heart.

Wait and see what happens with the judge.

We bought a house under these conditions, was incredibly awkward, they hated each other with a vengeance and he stripped the house bare before leaving, from light bulbs to thr last remnants of loo roll. Then bolted it from the inside so we had to scrabble about in the dark and get in through the back door. Ultimately it was fine though. She has already fucked off and started her new life, the issue was him.

A friend of ours was in this exact same position. She was initially compelled to get a financial order to force the sale but still her ex messed about putting it on the market and then letting people do viewings. Then, just as they were about to exchange, he decided to pull out. She went back to court and the judge forced the sale because they had an offer and a proceedable buyer. That's what you are too, so hold your nerve.

If he trashed the place and has other properties, getting a settlement is a simple process and he will have to pay your legal costs.

When you communicate with him, make it clear that you would go down every legal route possible, if he tried to play silly buggers with you. Evictions are starting up again and the judge will add him leaving the property within his ruling. He can then be evicted or arrested. You could ask if you or the estate agent could inspect the property before completion.

My friend had to flee the home because of DV and her husband tried all of this. Judges don't like their time being wasted by arseholes. Why you felt sorry for someone who shagged around behind his DW back and has shown himself as controlling/abusive, I don't understand.

@LoudestCat14 Did he have the funds to buy her out and did he offer to? I think that's where our scenario gets sticky.

BittyBatHats No, he didn't. But it might not make any difference in this case – the judge could still order the house has to be sold. The husband's going to have to prove he has the means to buy the house, either cleared cash funds in the bank or a bonafide mortgage offer. If he can't do that, the judge should rule in her favour.

@LoudestCat14 I think this is where will come unstuck. We know he has the funds. He's just chosen to wait 4 years to act on it. The wife doesn't think he means it and is using this as a ploy to get rid of us then he will pull out.