Is there anything that can be done to make this sale happen?

[Mugparrot]

A friend of mine (yes friend, I have no romantic or financial interest in this story) divorced 8 years ago. They had a financial agreement at the time which saw his ex stay in the house with their 3 DC until the youngest was 18yo. Friend has paid the mortgage, which is now cleared.

Youngest child is now 20, working and living with his father. The other 2 have left home. . The house has been "on the market" for more than a year, but ex disputes the EA valuation, so price is unlrealistic and is she difficult with viewers, so the sale is never going to happen.

Meanwhile, friend and son are living in a 1 bed flat, while ex and her new partner (partner unoffocially) are living in the house tying up equity friend could really use to buy something more suitable for him and DS, albeit adult DS.

But it's not really about the suitable accomodation. They had an agreement, which she's giving lip service to but is obstructing. Are there any legal remedies?

I wonder if they can go to court to force power of sale. I did it many years ago in a slightly different sale, and a judge ordered that I could sell it without my ex’s agreement. Not sure if this could apply in this situation?

Yes, I don't know how that could work with her living there? You still need to find a buyer and if she's telling everyone who views it how awful the neighbours are....

Could he charge her rent or threaten to move back in himself? (IANAL)

I was told that you can go to court and ask for a reevaluation and the sale can be forced with the surveyor accepting or declining offers. That was in Scotland though

Normally a sternly worded solicitor's letter gets the occupier moving. Failing that, you will need to apply to the courts to have the sale enforced. If necessary, the judge will take over the sale of the house. It might even be possible to force the occupier to vacate the property in order for it to be sold.

This isnt an uncommon story. Your friend needs to consult a solicitor. She is obstructing the sale.

My ex frustrated our house sale for 3 years. It went to court as part of the divorce proceedings, the judge decreed that the house would sell at £x price or he would take over the sale.

The estate agent was as frustrated as I was, and had sold several houses around so was able to reassure buyers that the only nob in the street was my ex. The sale completed less than 6 months later.

Enforcement all the way.