Buying a property from a divorcing couple

[lessonsintightropes]

He owns the property, she is living there. Apparently if it comes to it the court will sign the contract of sale on her behalf.

She is refusing to go and whilst viewing other properties hasn't made any offers.

We have exchanged contracts on our sale with a 6 month completion deadline (and 2 weeks' notice if quicker); our mortgage offer is in writing and all the legal searches etc on the property we are trying to purchase is complete. We had the offer accepted 7 weeks ago. Whilst I feel very sorry for her situation (and it's a truly rubbish one, she has been in the house 20 years) I am getting nervous.

What are the chances we will actually be able to buy this house? I would love to hear if anyone else is in a similar position.

She has also refused to move into rented - we have offered £500 cash towards her moving expenses which she has turned down.

We tried to buy a house from a divorcing couple but ended up pulling out when it became obvious he (still in residence) didn't want to sell and was going to make the process very difficult.

She is not going anywhere until she is forced to do so. The court might award her enough to make it viable to stay; it is presumably his view that she will not get the house. I would buy another property especially as she has not agreed to go and move into rented. Do you really need the hassle of her divorce? If you really want it, are you prepared to wait for the court decision? When will that be?

We wanted to buy a house from a warring couple. He had removed the inset deep fryer from the kitchen and the microwave so there were just gaps. Just not worth the hassle as she was not about to go either.

The court has already awarded the house to him and there's an order to sell - as far as I know there is a 3 month order to sell which can be enforced, but it will need him to take control of the situation to force it. I was wondering if he takes action against her how long it might take.

Again, I feel terrible she's in this position and don't want to make it worse, but we need to move.

And Molly that sounds like a nightmare!

That sounds stressful for you.

I assume the court order would be dealt with as a civil matter - would he need to evict her? Sorry I've no idea how it works. It sounds like she could be there until she's carried out. Has your solicitor advised you of the process her ex can follow?

If it's a great house and you've already invested financially and emotionally can you keep your options open on the house, while being clear about your timescale, and keep a watchful eye on the market in case something else you like becomes available?

In any case I hope your solicitor can protect you financially against any damage or removed items that occur between now and the sale completing.

From what my lawyer says, he will need to go back to court to enforce the order at the three month point (which 7 weeks in, we are about half way through). Our buyers are pretty patient and happy with the fact we offered to exchange to show them goodwill that we aren't going to gazump them.

The lawyer is a property specialist and is asking colleagues in family law tomorrow about the specifics of the court order situation and enforcement. I really don't want to force someone from their home, but we offered in good faith, and have racked up well over £2k of fees on this purchase. Worst come to the worst, we could (I guess) afford to lose that, but it will make our finances this year more difficult, and the chances of finding anything this lovely and big on our budget in SE London are fairly slim as the market has been going bananas. This comes on top of a purchase we pulled out of in January after 3 months of inaction - we must be the only people in London to have offered twice on properties where the vendors have no real intention of moving!

Unfortunately I also don't think we have any chance of protecting what we've spent already and will have to right it off if this purchase doesn't go through; at least with a lengthy completion deadline on our own sale we've got a bit of wiggle room if we do need to look elsewhere - but I love the house and think it would be perfect for us.

In my experience, Chinese whispers can cause so much stress and cover up for rubbish Solicitors and all sorts.

I would go and speak to the Lady living there, she may be not who you are being told she is.

I'd run. 6 months is a long time and it sounds unstable.

If you've already exchanged I'd be looking at other properties frantically. Eventually this lady will be removed from her home but is there even anything to stop the legal owner from remarketing at a higher price given the market is rising so fast. He may feel justified to do so as I imagine he will have a huge legal fees bill to pay too. There's a real risk that the gap between your sale price and this house or any other is going to open up by far more than the £2k fees you've spent so far and I would be doing anything I could to remove that.

We looked at one house where the owners were divorcing. They couldn't even agree on a sale price so we stopped considering it.

From what you've said, no I wouldn't waste any more time. You have a deadline and I just don't think it will fall into place.

If its really your dream house and he legally has the right to sell what exactly is the issue. Can he not enter into a binding contract to exchange with you subject to following the legal process to evict her? Sorry to sound callous as I am sure its terrible for his wife but this may be a way forward. As long as the husband has the legal right to sell the house, I can't see what should stop you from at least exchanging contracts and making completion subject to him getting her out.

I'd run. She doesn't want to go and will fight tooth and nail. She may even trash the place.

you are in London and don't have time to waste.

Drop it. I looked at one like this. No go.

You could be waiting a long time for a second court case and then action to evict. This, essentially is what it is. Ask yourself - do you really want this hassle on top of buying? It is already stressful. You can make up the money lost by house prices going up but the longer you delay buying somewhere else your money will not go as far. If I was the guy with the house, I would sell it when she has gone! He is going to get stressed too and is using you to get her out. Asking how long this will take cannot really be quantified as court workloads vary. She still may not move in a timely manner.

We negotiated exchange with a 6 month completion deadline. Buyers are settled into rented and planning their wedding and happy to work with us and wait.

However I'd be an idiot to ignore all of this advice - we're going to start looking again, keep our offer open, and if she goes before we find somewhere else we like as much or more, then great and we'll take it; if not, we'll buy somewhere else.

I am angry that I can go to so much expense on a house that is not available to sell and think it is a major flaw of the English system; the agents are hopping mad too.

Thanks for advice all. I just feel like we're the only people this can have happened to twice (we pulled out of another purchase in February for a similar reason).

We offered on a house like this, had been on Market for a while with a previous sale falling through. The wife was clearly quite happy where she was and had no intention of moving. Very annoying and stressful, so I'd say walk away.
Sorry OP

Keeping you options open is provably best. I hope it works out for you.

I found out this afternoon he is reluctant to take court action to get her to go as she is resident with their 21 year old daughter, and is worried that the daughter will go NC if he does so. I think we are back to the drawing board.

PS thank you everyone for the advice and support, it's been really helpful

How frustrating to only find this out now. I expect the estate agent representing the seller is annoyed too, but will happily let another prospective buyer repeat your experience.