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Is there anything you can do make a resident ex Co operate in house sale

6 replies

QuestionsorComments · 27/01/2022 12:00

I viewed a house that's been sold as the youngest child has reached 18. This was told to me by the vendor, she was able to stay in the house until child reached 18 and it now needs to be sold and the proceeds split.

She clearly doesn't want to leave, pointed out everything wrong with the house and the area and hat she would be difficult during any sale. The property is not attractive to me!

It occurred to me that at the other end of this is someone hoping to get his money out of the house. I've no idea of the circumstances of the split and they're not relevant anyway, but I'm interested to know if there's anything he can actually "do" to get the house sold, if his resident ex is obstructing it. In theory she is co operating. It's on the market and she's having viewings but I'd guess it will be a long time before there's a buyer.

OP posts:
Sirzy · 27/01/2022 12:04

If needed the courts can take her powers away and be able to sign sale paperwork on her behalf etc.

Obviously it’s a long and I assume expensive path and I wouldn’t like to be the buyer waiting for it all!

QuestionsorComments · 27/01/2022 12:06

@Sirzy

If needed the courts can take her powers away and be able to sign sale paperwork on her behalf etc.

Obviously it’s a long and I assume expensive path and I wouldn’t like to be the buyer waiting for it all!

You've still got to find a buyer though, which won't be easy while they're all being told the neighbours are awful and the local youth antisocial
OP posts:
Hoppinggreen · 27/01/2022 12:11

My friend is in this situation sort of but no dc under 18
She moved into rented and their house is on the market but her stbx who has in theory agreed to sell is being passive aggressively obstructive. He insisted it go on at the very top valuation and won’t agree to accept a good offer just under that from a cash buyer. She has to go and do viewings too as he always claims the time “isn’t convenient “.
Her solicitor is about to write to him and warn him but he can string it out for quite a while

QuestionsorComments · 27/01/2022 12:15

@Hoppinggreen

My friend is in this situation sort of but no dc under 18 She moved into rented and their house is on the market but her stbx who has in theory agreed to sell is being passive aggressively obstructive. He insisted it go on at the very top valuation and won’t agree to accept a good offer just under that from a cash buyer. She has to go and do viewings too as he always claims the time “isn’t convenient “. Her solicitor is about to write to him and warn him but he can string it out for quite a while
At least if she's doing viewings she can avoid the situation I encountered where the vendor makes it sound like an awful place to live.
OP posts:
Viviennemary · 27/01/2022 12:18

Most buyers usually try to avoid buying a house that is being sold by a separating couple. Almost always problems and delays.

Retailfairy · 27/01/2022 13:31

My friend was in this exact position, the court ordered for the house to be sold and the proceeds split 50/50. The resident was obstructive so it went back to court a few times, they have now been evicted from the house, my friend has complete control of the sale and will now receive 50% of the equity and fees!!!

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