Post Divorce...Property Valuation, Charge against it, Advice when selling

[bringoutthebranston]

Hi, advice here if anyone has had the same issues. I am divorced and my Ex has been living in the family home and I have a charge is against the deeds drawn up when we agreed finances etc. There is a date set later this year (written in the legal charge) when my ex either has to 'buy me out' of my half or I 'buy them out' or we sell it and I get half of the proceeds of sale, less costs. I am certain that they will do all they can to buy me out so that I don't exercise my right to do the same and keep the house (which they fought hard to keep due to having been divorced before and doing the same thing). Then do it up and sell for more. The terms state that we both get to choose an agent for valuation and a third agent mutually agreed for to get a valuation.

My questions are if anyone has had the same experience the following:

• Am I legally able to inspect the property before and ensure that its been adequately maintained - I have photos that I took before I left to evidence any disrepair - what can I do about it if they haven't (edit)
• I am not on the deeds and don't have a legal right to enter the property that I am aware of so how can I check that my ex has maintained the property as in the terms and not let it be in disrepair so that its worth less and then can get a low valuation.
• If they buy me out of my half, how do I ensure a fair valuation when I don't live there. e.g when the agent values it, that they don't make it look a mess and dirty or state untruths to devalue it - can I be present?
• Could a solicitor need to be engaged to oversee the process and negotiate on my behalf?
• what is a reasonable time before the due date to get the ball rolling with the valuation or sale?

I want limited contact with my ex and I am certain they will try and fleece me out of as much money as possible so I would love to hear from anyone, on either side of the situation of their experiences. TIA!

Your name is not on the deeds. You will need to speak to a solicitor and ensure that when sale is complete half the money goes to you and not all to him. Has a judge ordered that you get half the house?

My name is not on the deeds but there is a legal charge against the deeds stating that I get half. The terms also being that I get my money (whether via sale or ex buying me out) by a certain date which was approved by the judge as part of the Financial agreement.

You can arrange for an independent survey to be done on the property. A good surveyor will find defects and faults around the property. You will receive the report and your ex husband can't manipulate the surveyor and his findings. Best of all you won't need to enter the property and it will give you peace of mind.

Thank you that's really helpful. I assume its dependent on my ex agreeing to the survey but hopefully they will but I didn't get one done before I left the property (doh!) so not sure how I can prove its worse then when I left. But its a good idea so that the surveyor can take photos.