Court order to sell home but change of circumstances

[AmywithanL]

Just as the title says really. Been divorced for 5 years. I stayed in marital home with our 2 children paying mortgage by myself. Both got new partners and he re married. Understandably he wants his name off the mortgage which he eventually got a court order for and I agreed to sell. Mortgage is in arrears as he stopped paying child maintenance so my credit rating is shot. House was in the market for a year with about 6 viewers in total all saying its too small or needs work. My partner agreed to come on the mortgage with me and take xh off but that fell through. Xh and his wife are living in their parents old house with no mortgage. I recieved another solicitor letter stating me to sell my home immediately or I will have to pay ex legal fees. My partner and I have separated so im single with 3 children. ) My ex hisband isnt aware of this I dont think as we have had no contact this year) Im happy to put my house on the market but as im i the middle of decorating it and with the current situation I said I would sort estate agents early next year. However my ex isnt happy with this and wants me to put on market now.
Will things be different now im single? Can they still make me pay his costs and force me to put on the market. I mean im happy for it tongonon the market, bit the house isnt really picture or viewing ready yet and as its coming to christmas I dont want to have to faff with all that just yet! And advice please?? Or have I not a leg to stand on?’

I don’t get the lack of urgency here. It’s court ordered.

Just put it up for sale to keep him quiet. It won’t get viewings if it’s that bad a state and you can just update the pictures when you’ve finished decorating. Or even put it online without pictures .

You seem to be making this a whole lot worse than needed. So yes, him not paying CM obviously hasn't been good on his part and has put you into debt. But from his side, you haven't informed him of the changes, so he isn't aware that your partner has left and must be wondering why the mortgage names haven't been sorted yet. You need to tell him, that partner has gone, that you are decorating it to be ready for photos and will let him know as soon as it is. He is moving this along as he is misinformed. And yes while having viewing now isn't great it is going to be a necessity you can't get around

Sorry he didn't pay maintenance abs ruined your credit rating yet he's got his solicitor on your case and expecting to pay his fees??

The man's an idiot

Why not just put it on the market? You can continue with your refurbishment, and don't tidy up too hard if you get viewings

I mean, all the solicitors etc will close down for at least two weeks over Christmas. And people aren't looking at houses much atm. So just put it on the market.

I just really dont see the point in the hassle of putting on the market just yet 1. Its in a state 2. Im having to self isolate with my son for 2 weeks 3. Its coming to christmas. 4. He is living in a home already with no need to pay hes on a bloody good income and hes used the excuse of the pandemic to not see his children.
I know these reasons wont mean a toss to the court but jesus...

OP you really need to understand the situation you are in here and that you need to do what the court has ordered, regardless of how much hassle it causes you. Otherwise you risk being ordered to pay your ex money, which it doesn't appear you can afford.

Well, as you say, these reasons won’t mean a toss to the court.

Email him and tell him of the change in circumstances.

Put the house on the market via an internet based company like purple bricks.

Job done.

Op you don’t have the option not to comply with the court order. Do you realise that?

The thing is I complied to it. I out the house on the market. Took it off with the agreement with my ex that I would stay and my partner at the time come on. Since then my partner and I split (close shave there) xh stopped maintenance and seeing his kids and 2020 happened. Id understand if I was saying no im not selling up But im not, im asking until 20 January 2021. By then the house will be ready to view, photographed and sell. And myself and children have been able to enjoy the festive period at tge end of a shitty year without the stress of solicitors, courts, viewings ect. 8 weeks, is all im asking. It will be on the market by the 20th January

Did your court order specify a price the house had to sell for? Clearly if barely anyone even viewed then there was either something majorly wrong with it or the price was too high. Or both. Everything will sell at the right price but it would make sense if the court order prevented you from dropping the price.

Just use the basic details that you had prepared last time, and stick it on with a few photos and a fooor plan. That way you’ve complied with the order. You can refuse viewings on the basis of covid.

Hi. Thank you for all your advice. Ive sent his solicitor an email explaining my situation. My ex has no contact with me now.
I have asked until 20 January 2021 and give reasons why.

Since the email I arranged a valuation on my house from an express estated agent and I will send that to his solicitor too to let them know I have the ball rolling. I will put the house on the market and with hold pictures until the place is ready. I dont feel comfortable in allowing viewings as I am a keyworker and not worth the risk

I still don't really get why you think you have the right to go against a court order. Regardless of whether it's only for 8 weeks. Courts don't take kindly to being taken the piss out of and there is absolutely no reason it couldn't go on the market now, as PP's have suggested even minimal photos and a floor plan. You don't get to say you're not having people in the house because of Covid, let's face it it's not going to disappear any time soon and it certainly won't have just gone by January as you seem to suggest.

I really don't think you are getting this. If there is a court order made in 2018 for an immediate sale then the fact that you had it on the market for a year with only six viewings means it's too expensive. The price needed to be dropped. Every home will sell.. for the right price .. then you went down the 'buy him out' route .before it fell apart (but haven't told him) .. sorry to say OP this all looks like a deliberate attempt to frustrate the order . I know what you have said about wanting it decorated- but honestly, that's not your call - if it delays the sale further. It's simply not your call. I would get it online tonight at a price to attract buyers OR incur more of your ex's court costs.

It's a gamble OP a very expensive one . I wouldn't take it but your choice. Just bare in mind that the courts have heard just about every 'extenuating circumstance' under the sun and don't take kindly having their orders ignored .

How would I ‘get it ip for sale’ tonight?!

You just ring an agent, like say Purplebrixks, they do a virtual viewing and valuation, and upload it. That’s it.

The situation your ex is in regarding being rent free is irrelevant. Look at it from his point of view. Court order says sell, it didn't sell. You agreed another solution, it fell through. Now you've got another reason to put it off. I'd be mighty suspicious as well and if I insist on it being sold.

Op you seem to be sticking your fingers in your ears and going lalala at what everyone’s telling you. You need to put it on the market ASAP. If your ex’s solicitor applies for court in the next few days, you will most likely be paying the costs as you haven’t complied with the order. The court fees alone are a couple of hundred. Your Ex would have paid for the original letter from his solicitor so this must show you how serious he is. The judge can also over turn the order giving him more than 50% equity , you are financially screwing your self here over your stubbornness. You have no idea about his financial situation. They might have been told they need to leave the house they’re in, they might just want the money for a holiday, it really does not matter why he wants it to go on the market ASAP, the court has ordered you to do it, you really should have done it as soon as your ex partner moved out an you knew it would have to be sold. You could lose out big time financially here, yet you won’t admit to any of it being your fault!

Why are you paying his fees?

@IndieTara

Why are you paying his fees?

Read the post below ! It clearly explains. She was told to sell by the court over 2 years ago. House still not on the market for variety of reasons . OP still trying to stretch it out. Ex has lost patience and moved to enforcement.. which he is well with in his rights to do. You can't ignore court orders or 'interpret them' as you see fit. Wanting to redecorate and put on the market in the new year is an unnecessary delay and the ex has asked his solicitor to enforce the order and go for costs... which he has a high chance of getting .

You seem to be trying to find every excuse under the sun to not have the house on the market - Covid, isolation, Christmas coming, in the middle of decorating etc

What you are failing to recognise is that there is a court order for the house to be sold. Waiting until 2021 doesn't cut the mustard, legally or morally. If you ex and his solicitor puts their money where their mouth is, this failure on your part may well cost you considerably.

Get the house back in the market and then if you get no viewings - no an issue. You are at least trying to sell.

You might have a few viewings and nothing happens, maybe when the place is decorated it might be easier to sell, but that not your decision to make.

Eventually it will sell - but to ensure you get what you are entitled too, you have to stop you current excuses as they are very unlikely to be accepted in future legal procedures as 'reasonable'.

Like I say im not digging my feet in at all. I want to sell the home as much as he does....I dont see the need for the urgency is all
No offense OP but it does come across as if you are digging your feet. Your youngest is 3, so there's been plenty of time to get you ex to take over the half of the mortgage.

You ex husband had to take you to court, so clearly you didn't agree prior to it to sell. He was being reasonable accepting your then partner to take over.

I can totally see that he is now fed up with what frankly comes across as excuses. Why are you decorating now? Just put the house on the market as agreed by the court. It's not his fault you've held off for so long to act on the court order and that is now close to Xmas. He doesn't have a mortgage to pay but I expect that's exactly what he wants to do with his wife and can't because if you delaying the process for so long.

Dont think many of you have read properly. My xh is living in a house that he can stay in, no mortgage. He has no urgency to move. I understand completley why he wants his name off the mortgage. I havent given the whole story into our background which quite honestly shouldnt matter. By all means, il put the house on the market tomorrow. But im at the beginning of isolation and the decorating was advised the last time I had it up for sale and ive only been able to start doing it due to finances. I have no help from anyone as my parents have passed away and have no other family. Been bloody hard the past 3 years and I dont want to air my laundry in here.