House valuation

[millymollymoomoo]

Can someone tell me what happens if a couple who divorced 10 years ago and had mesher order in place cannot agree the valuation now?

Background. Husband was awarded 30% share of equity. No contributions to mortgage or household since divorce, no increase in child maintenance during that time. Wife has paid mortgage, and made capital improvements over last 10 years.

Wife has had house valued by 3 estate agents. Average figure taken (plus using right move etc to see what else has sold similar), deducted capital improvements and balance of mortgage to arrive at 30% share now due. Put forward proposal to ex husband. He disputes (by long way!). Toing and froing going on so wife just wants it resolved and says will go to court. (been arguing over a year)

What happens if they cannot agree out of court and how will the eventual figure be decided?

Not sure its relevant but if much higher figure is awarded wife wont be able to raise the money and unlikely to get increased mortgage

thanks

tbh the solicitors should be shot. The order is supposed to set out precisely how the figure is reached. It's usually based on a percentage of the gross sale price but does vary from case to case.

It should really just be a matter of sending the order back to the court with a joint letter explaining that the parties don't agree on the interpretation of the order and asking for a brief appointment (called a mention) to see whether it can be decided in that way, as a first step. If that doesn't work, there would have to be a more formal application with evidence from valuers etc.

I presume that the solicitors who signed off the order have already been asked to sort it out?