House sale/divorce

[rusholmemuffins]

Also posted in relationships:

Divorcing husband. I'm still living in the house with my children. I'm in a new relationship and want to move in with new partner. I wanted a quick sale and have agreed a price. STBXH has found out that I have agreed the sale. He wants more money and is kicking off, saying I should have asked for me and that he'll stop the sale. Can he do this?

Who owns the house?

If you own it jointly then you need him to agree in order not to go through a protracted process. You'll both have to sign the contract. How much more does he want? Is it reasonable and achievable?

Could you give him that difference from your share of the proceeds of sale in whatever proportion you have agreed you'll be splitting them? E.g. he wants to hold out for £10k more and you're splitting the proceeds 50:50 so you give him £5k of your share after completion for a quiet life and swifter sale.

Alternatively, could you go back to the purchasers, admit you've made a mistake in not running the offer by STBXH and see if they'll up their offer? The danger is that the buyers think you'll disagree on everything during the sale process and they'll run a mile.

Do you and your ex jointly own the property? If so, you cannot sell without his agreement. He will need to sign documents in order for the sale to proceed. Is the court likely to order the sale of the property so that your ex can receive his entitlement? If so, it might be better to wait until you are officially divorced before selling.

We both jointly own it and are both paying the mortgage. He says he wants to move back in after I've moved out - can he do this?

It sounds as if you have no agreement at all over what to do with the house. When are you moving out? You need to agree what you are doing with your major joint asset. Can he buy you out?