Going back to court to force house sale

[JellyBean31]

I'm divorced my ex still lives in the former marital home that has been up for sale since January. The court order gives a minimum sale amount and states that all reasonable estate agent advice is considered.

We've had 1 offer in April but the chain broke down at the 11th hour and only 1 viewing since it went back on the market in June. My ex is refusing to take estate agent advice and reduce the price, in fact he ignores any communication I send him on the matter... text, email, letter.

What can I do? The divorce has already cost me £16k and I simply can't afford to pay to go back to court.

If he continues to refuse, can I force him to pay the costs of getting another ruling to say it must be reduced?

Any advice would be appreciated.

OP, hope you don’t mind. I’m in a similar situation so would be interested in what advice you get.

Not at all annette. Its so frustrating isn't it. Our mortgage ends next year so he's paying less & less each month whereas my rent is massive. Again, I've been told I can charge him rent on my half of the house, but I can't afford to pursue that either!

He's sitting pretty and has no incentive to sell.

I sympathise, was in the same position a year after divorce. Luckily the house finally found another buy but I was about to issue an enforcement (i think) order to take control of the sale and could only afford to do in person. Is that an option? Will look for the form.

Think the form is d11 but you can phone the court and ask them what form you need.

Also if you can get data from the agent about how many Rightmove hits/visits/offers and what they recommend you reduce the price to in order to sell, that would support your application.

To OP

Is it possible that your ex is trying to block the sale? Have you been to the house when people went to view? Maybe it is untidy and ex points out the negative aspects of the house and the area?

Friend of my parents was forced to rent for years as he ex husband frustrated the sale by not being around when viewers wanted to visit, making sure the house was a mess when he was around and not making the repair recommended by estate agents. Even told viewers about problems with neighbours which were incorrect.

House was eventually sold and ex wife was awarded a sum for the excessive amount of time she had to pay rent.

If it's your house too, why can't YOU instruct the EA on price? Surely you've jointly instructed the EA for a jointly owned property?

We did jointly instruct the agent, but we have to jointly agree to reduce the price and he won't. Because he lives there the agents do tend to defer to him which is annoying but I understand its him who they arrange viewings with.

One of my grown up sons has been there for every viewing except the last one and they make sure everywhere is clean. But he won't have me in the house while he's there so I haven't been around for any. As far as I know he hasn't been obstructive.

I'll find out from the court which form I need. I have emails from the estate agent stating he has refused to agree to lower the price.

Good luck, You’ve got what you need, my ex is like yours and resisted my getting involved, and that’s why you need to go back to court, even if you represent yourself. Stay strong and you’ll get the house sold and get your life back 💐

Form D11. Attach the letters from the agent. Ask for him to pay the costs, inc your time at litigant in person rates for prepping the app and attending court (or your solicitors costs)

What a difficult position to be in. Would the estate agents put their advice writing?

They have put it in writing, so I can attach that to the form. I also have it in writing that he's refused.

I've just messaged him (again) saying this is what I'm going to do and that I'll ask for costs off him as he's in breach of the original order... Hopefully it'll piss him off enough for him to agree to lower the price.

I also looked at an equity release calculator and he can release enough to pay me my share (he's 59) so I've asked him to look into that if he desperately wants to stay living there. I've been a bit passive for a few months but that's not getting me anywhere, so hopefully hell agree just to get me to shut up!