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Court order to sell home but change of circumstances

91 replies

AmywithanL · 18/11/2020 18:26

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?’

OP posts:
DameCelia · 20/11/2020 09:41

Hi @AmywithanL

My xh is living in a house that he can stay in, no mortgage. He has no urgency to move.

I'm afraid that is irrelevant. There is a court order. It hasn't been implemented. The next step is exactly what your ex's solicitor has got underway. You will be paying the legal costs of that.

I have, over the years, acted for so many people in your ex's position. At the end the spouse who refused to co-operate with the sale always ended up in a far worse financial position than if they had simply co- operated from the beginning.

Think of it this way: you could expose your children and yourself to the upheaval of listing the house online now. Or you could expose your children and yourself to the upheaval of being significantly financially worse off because .........what? You think your opinion of your ex's living arrangements are more important than a court order.

AmywithanL · 20/11/2020 10:00

So If I put my house on the market now, will I still have to pay his legal fees?? Cause I think the application has already been sent to the court. Im not making excuses and quite frankly being accused of that is pissing me off! No one knows my situation. Im asking for legal advice on where I stand now, during this crazy time and whether the changes in my life recently can just allow me to get myself sorted before Im forced to sell.

OP posts:
Bestbigsister · 20/11/2020 10:11

before Im forced to sell.
You have been forced to sell already - back in 2018! You just haven’t done it yet!

freezedriedromance · 20/11/2020 10:12

But people are telling you any history with it doesn't matter. Literally zero reasons needed, nor does it matter if your ex is mortgage free right now. His reasons for wanting it done are none of your business. Court have ordered you to sell, you need to put it on the market and hope your ex doesn't apply for you to cover his costs because its taken so long. The court won't care about decorating, or isolating etc. This should have been done a long time and ago and to them it will look like you're dragging your heels.

AmywithanL · 20/11/2020 10:15

Yep and the house was on the market for a year. Reduced the price, nothing. Got told it needed some work which ive only just been afford to start doing now. So I can put it on the market this week but again it wont sell with the state its on at the moment.

OP posts:
AmywithanL · 20/11/2020 10:17

Than thats the faulilure of why many people are left homeless! Courts not looking into moral reasons. Just the quickest way they can get money and have another notch on their target! What is the point in life if your just going to get fucked over. Im done

OP posts:
AaronPurr · 20/11/2020 10:23

So I can put it on the market this week but again it wont sell with the state its on at the moment.

Of course it will sell, if the price reflects the work that needs to be done. You're just making excuses. A house will sell if the price is right, regardless of the condition.

AmywithanL · 20/11/2020 10:30

So om just to put my family home up for sale at a shit low price just to keep him happy?

OP posts:
Bestbigsister · 20/11/2020 10:31

It’s his money!

Bestbigsister · 20/11/2020 10:33

OP it’s you that’s fucking HIM over!

AmywithanL · 20/11/2020 10:34

Haha, his money?? Hes put eff all towards this house!

OP posts:
Bestbigsister · 20/11/2020 10:38

The law says half the equity is his, AND that you must sell.

Bestbigsister · 20/11/2020 10:38

You’ll end up losing everything if you keep this up.

Grenlei · 20/11/2020 10:39

OP, I understand you are frustrated, and it's easy to be wise with the benefit of hindsight. You are in the middle of this, so perhaps can't see the wood for the trees.

Based on what you've said, there was an order to sell back in 2018; house goes on the market. As you say, limited viewings, no real interest - feedback is that the house needed work, and dropping the price (presumably to reflect that) made no difference. So at that point I guess around 2019, you and your then partner decide to buy your ExH out, and take the house on yourselves.

Clearly at the time that seemed a good idea, gets the ExH off your back and solves the issue of a house that you're struggling to sell. I'm assuming you made your ExH aware of this and he was on board.

The issue is that must now be what 12 months ago or more? And he hasn't heard anything. Has your ExH not seen his DC in that time? I'm struggling with how he wouldn't know you and your partner had split up, I appreciate you might not have contacted him but if he was seeing your DC I would have expected them to mention it?

I think if your ExH had known you and partner weren't together, if you had communicated that with him or his solicitors, then you could have agreed between you a plan of action about putting the house back on the market, what to do about the price, decorating etc. Instead he's not heard anything from you at all, since 2019 when you said you'd take the mortgage over.

In the circumstances because there is an order in place already requiring the house to be sold, he's entitled to go back before the court to basically say you haven't done what the order requires (and you haven't explained why not). Putting the house on now even though it requires work ensures you are complying with the court order. In the circumstances I would contact his solicitors with proof the property is on the market and advise they do not need to take the matter back to court as the order is being complied with, and given that you have provided evidence of this, you do not agree to be responsible for any associated costs.

What you also need to do is then keep in close contact with your ExH/ his solicitors around the sale of the property - share Estate agent feedback, whether on the condition of the property or the sale price, any suggestions to reduce etc. It's important to keep him in the loop on this so he doesn't get the opportunity to threaten court again. You might want to agree a plan of after X months, dropping the price to Y amount, and so on.

If you do want to keep on trying to improve the house condition using supplies you already have, it might be an idea to reflect this in the particulars (the house is undergoing a programme of redecoration or something like that) and get photos taken of the rooms to be redecorated after that? I've seen this a lot with houses round here that are being refurbished, they are put on the market when not fully finished because a lot of people know based on location/ floorplan if it's what they want.

Good luck with it, I know how stressful the house sale process can be even when it's a voluntary move.

AmywithanL · 20/11/2020 10:57

My ex refuses to have contact with me, his wife doesnt allow it. Thats a whole other story. He has not seen his children...hes had to isolate theoughout, using covid as an excuse...he has never been too bothered about seeing them. Ive informed his solicitor of my circumstances and im awaiting a response if any. Il do as you suggest and put the house on as is...but I would need something for a deposit to rent so putting the house on at a reduced price would risk in me nkt getting enough to do that after all the fees and such taken off.

OP posts:
AmywithanL · 20/11/2020 10:58

How exactly will I end up losing everything Bestbigsister? You cant say something like that with no explanation.!

OP posts:
Bestbigsister · 20/11/2020 11:01

Because if he goes back to court they can force a sake of the house at a much reduced rate, eroding the equity that’s in it, and what remains, if anything, of the equity can be quickly eaten up by costs, yours and his.

Bestbigsister · 20/11/2020 11:01

Sake = sale

AmywithanL · 20/11/2020 11:01

Also to add...im on benefits as Im only able to work partime due to childcare. Alot of rented places require a guarantor and I havent got anyone to ask....where do I stand then?

OP posts:
AmywithanL · 20/11/2020 11:01

Then il be left homeless

OP posts:
Bestbigsister · 20/11/2020 11:02

Sadly yes. But with respect, this has been coming a long long time.

AmywithanL · 20/11/2020 11:08

And you think thats right? A dad making his children homeless?

OP posts:
seashellseashell123 · 20/11/2020 11:09

@AmywithanL

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.
We can all readConfused We're just telling you you're wrong which you don't appear to like. You're taking the piss, out of the court and of your ex. Whether you like it or not you have to sell the house it doesn't matter what the history or back story is. And I highly doubt you were told the house needed redecorating before you could sell it. I've sold several properties recently and estate agents have always been pretty honest about the fact you could decorate a house head to toe and it still wouldn't change the value by much if anything because paint is cheap as chips and most people will want to decorate to their taste when they move in.
Calcifer12 · 20/11/2020 11:09

Legal and moral issues are 2 separate things.

Are neither of the fathers paying maintenance?

AmywithanL · 20/11/2020 11:10

Thanks for your help everyone.

OP posts:
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