House sale in divorce

[Kungfupanda67]

I’m posting this on behalf of a friend who isn’t on mumsnet

Her and her husband separated last year, she has moved out with their three children. He still lives in the family home and has their children a night or two a week. They’ve agreed to sell the house because she needs her share of the money, and he cant buy her out. He’s not keen on selling, but he’s agreed that it needs to happen. He’s put the house on the market but massively overpriced it (like £50k overpriced on a £500k house). He’s received 2 offers so far but miles below asking price because it’s so overvalued, and he’s refusing to accept them. He won’t lower the price either.

Does anyone know where she stands? Can she force the sale in some way?

1. Divorce him.
2. Apply for a financial remedy order if he won't see sense.
3. Take legal advice to make sure what she's asking for is realistic, and she's not selling herself short.

Contrary to other poster - if she has started proceedings - don't apply for the divorce absolute until the financial agreement is in place - this agrees how assets should be split.

Is she on the deeds/mortgage? If she isn't she can register a claim against the property.

If she is on the deeds - what is stopping her from
lisitng or talking to the agent directly on what is a reasonable price?

Lastly - if they get to the stage where the house sells but the financial agreement isn't in place the proceeds from the house will sit with the solicitor. This nearly happened to me where the financial agreement paperwork was at the court and the sale of my old flat was about to complete.

It's hard as it is his home and at least he is trying to get a good price. My ex dragged his feet with our flat - 9 months from offer to completion! But there was little that I could do bar bug him.

Wow sounds complicated!

It is hard for him, their split has been very amicable and he doesn’t want to leave the family home, but unfortunately she needs the money now. It’s been well over a year, now she’s pushed for it to be sold and he’s put in on for a massive amount more than it’s worth, which she just thinks is so that he’s ‘trying to sell it’ but realistically still won’t have to move. He’s refused 2 offers for being too low when they were in the region of the actual value of the house.

She hasn’t spoken to an estate agent herself because it’s very friendly at the moment and she’d like to keep it that way. Also if she put the house on for £450k (what it’s worth), what happens when someone offers on it, she accepts but he doesn’t? This is where the problem is, she just doesn’t know what happens when they get to stalemate if she wants to lower the price or accept the low offer but he doesn’t.

It isn't complicated really. As Collaborate says, she needs to take legal advice, divorce him and get a financial remedy order as part of the divorce.

1. If she sticks it on with another agent you get into the risk of paying 2 commissions. Also he's not going to allow the other agent to do vieiwngs so Its a non starter.

1. If both names are on they deed they both need to agree to sell regardless of price so he won't agree.

@prh47bridge a financial remedy order is for how the finances are split isn’t it? That’s not my question.
The question is what you do when your ex husband refuses to sell the jointly owned home but can’t afford to buy you out?

The financial remedy order will deal with what happens to the home. Once an order is in place, if your friend's ex refuses to sell the judge can sign the papers for him, taking it out of his hands.

If you don’t want to go down the route of divorce you can apply to the court for an order for sale under the Trust of Land Act. You’d be mad to do so unless you both had a religious objection to divorce, because it will likely cost as much as getting it sorted through divorce yet will only deal with one of the issues.