Financial Hearing - Forcing sale

[AustinRd]

Has anybody had a judge order a house sale during a clear break without first allowing an opportunity for one party to buy the other out?
Ex refuses to accept any of the 3 valuations on the FMH and is saying selling is the only way to know the true value. We have Children and stability and catchment area for school are v important as both have MH issues.

Are you in a position to buy him out?

My judge set a (very realistic) price on our house sale that the ex couldn't refuse to accept. After stalling for 3 years we got an offer 2 months in and completed a few months later.

Judges are smart and can see through this sort of bullshit behaviour. Mine did. If your solicitor makes a sensible offer to his which he refuses he'll look like an idiot in court (and there's a teeny chance you could claim for court fees if he's refusing maliciously after making a good offer),especially if his insistance on selling would intentionally disrupt the children.

Remember his solicitor is working for him and acting on his instructions. Let him take you to court - it really isn't that complicated, and whilst daunting if you are looking for a clean break it can be all done in one go.

Offer what you think is a reasonable price.
Are the valuations close in range?
What does he think it is worth?
If he has unrealistic expectations, he will be disappointed no matter what.

Presuming all valuations are independent, can you match half the market value on the highest valuation? Do the valuations include evidence of sale price achieved for a similar house on a similar site in similar repair in the same area? You will need this if you wish to show ex as acting unreasonably if you want to insist that he buy you out? Has ex anything to support his claim that valuations are too low??? You might think about getting a report from children's doctors that due to their needs that a move would be more unsettling for them than for children without these needs. Are they already enrolled in a school that is recommended & can provide particular assistance for their needs...if so, get confirmation from the school in writing. Also, if there is any question about your ex not paying agreed/appropriate maintenance, you could consider reducing his share/amount in the property in lieu of a portion of maintenance...so instead of him getting €120k & paying €600 per month in child maintenance, he gets €70k & pays €250...or some such workout. Obvs that is not properly calculated - you wd need to factor in value of house, equity , ages of children & their needs to determine approx no of years he would have to pay support. Also he would need to have sufficient ability to house himself in accommodation suitable for children staying over etc.with whatever money he gets for his share & you would need to be able to afford to raise the funds & meet your repayment obligations & afford to care for your daughters. It is not always cut & dried but if you can't afford to buy him out or agree a worked out settlement such as the above, & a Judge thinks a higher price is reasonable & a fairer solution...then a Judge could order the sale. Get all info you can to support your argument v his unreasonableness incl. (if it is relevant) a loan offer from your Bank for €x amount to show that you can raise funds & are serious about buying him out at that level. Good luck with it.

If ex is female & male is posting or same sex, above use of m v f is only by wsy of example obvs....might get flamed on here for making assumptions!!

Thanks all. To answer questions:
Yes I can afford to buy him out I had a provisional mortgage offer (I made an initial offer over 12m ago) which has obviously lapsed but I can reapply with no issues.
I have 3 recent (last 6 weeks) separate estate agents valuations plus zoopla. There is a spread of 60k so I’ve offered the average which coincidentally is also zoopla price (he has nothing to support his price)
He has already filed with court which is why I know he’s asking for the property to be sold.
We earn almost the same, we had the same savings and pension when he left. He looks to have been silly with money and spent a fortune since he left and is now in debt while I am not. The debt isnt “living” costs it’s legal fees for cases he’s brought, cosmetic surgery, poss gambling (he’s a recovering addict who was clean, debt free and with 25k savings) and other.

I just want an equal split of the house and to be done.

If you are likely to be the parent with care of the dc then a 50/50 split is only the starting point.

My ex frustrated the sale for 3 years, tried to reduce way below 50/50 but I was ordered 2/3 of the equity as parent with majority care.

I assume you have a good picture of finances at point of separation? He will have great difficulty in using equity to balance any debt arising from cosmetic surgery/gambling etc post separation, his solicitor must be rolling his eyes!

If there is no logical/financial reason why you can't buy him out then I suspect the judge may order you both to pay for either independent individual or jointly instructed valuations and go for the middle ground. I would ask for an order that stipulates he cannot frustrate the sale/transfer and if so that you can return for the judge to sign it off. In case he thinks he can play silly buggers.

I think you know you've got this OP but just needed to hear it. You really do!

I should add when he refused to accept the estate agents valuations 18m ago I offered the option for a jointly instructed independent valuation which he initially agreed to but then played games selecting a valuer. He then filed with court with no negotiation or indication of what he wanted

Just out of interest, what are the figures he's quibbling over? 3 valuations with a £60k difference suggests quite a pricey property, is there much equity in your home?

Thanks I think I’m just exhausted after 18m of child arrangement order hearings to have him land this just as that was coming to an end. @Muppetry76 you are probably right, why do we doubt ourselves. The issue of affordability will depend on the valuation of the property Finding a potential extra £75k could put it out of reach on a 50/50. Yes kids live with me (pending final outcome but that’s Cafcass recommendation all the way through 18m of hearings)

@Muppetry76 yes it is so it would be a sizeable amount I would pay him c £250-300k

OP when I went to court I hadn't slept properly for months and was filled with dread despite a fiercely empowering solicitor and supportive and realistic barrister. When I came out with what I had originally asked for (and the judge telling the ex he'd been unrealistic throughout) I felt like a huge weight had been lifted, almost physical relief.

I hope you can get the figures together, and cafcass get their fingers out. What you are asking is completely reasonable - it doesn't matter who lives in a house if they have paid market rate for it.

Thanks @muppetry76 the paperwork is all filed now so we shall see

Good luck 💐