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History: Home UK Divorce Forum
Speeding up sale of FMH (6 Posts)
Started By:
28 December, 2016 05:43PM
Speeding up sale of FMH
bruv1969 - 28 December, 2016 05:43PM

I'm new to this forum (any forum actually) so please forgive any errors and omissions.

My ex-wife and I have a financial settlement that has been agreed in court that says she'll get X% of house sale and me Y%, that I should pay a set figure for child maintenance and mortgage until the house is sold and that the house should be sold for a minimum of £Z.

The house has been on the market now since the first week of Oct 16 (13 weeks so far) at 'offers over £Z' with no viewings / interest.

To try to move the process on (for everyone to make a new start and to save me financial pain) I need to get the house sold and I believe that I now need to go back to court to achieve this. Neither she nor my 10 year old son will communicate with me at all. The relationship with my ex has totally broken down. (Hopefully the relationship with my son can be saved in time).

My questions are :

1 What order do I need to ask for ?
2 What wording will the Court allow re reducing the price, timescales, further reductions and, ultimately (god forbid), putting the house up for auction ?

The financial order has the usual liberty re implementation and timing clause.

Many thanks in advance to anyone who can help.
Re: Speeding up sale of FMH
davidterry - 01 January, 2017 12:12PM
Bearing in mind that you are paying the mortgage until sale your ex wife does not have much incentive to sell the property quickly. After 13 weeks I doubt if you have much of case for taking the matter back to court (unless a time scale was specified in the order). You probably need to leave it rather longer. If you do have to take it back to court then you will need evidence from the estate agent about what interest there has been at such and such a price, whether the price should sensibly be reduced and, if so, within what time scale.
Re: Speeding up sale of FMH
bruv1969 - 09 January, 2017 10:32AM

Many thanks. We're using an online estate agents that give you a report each week of the Right Move statistics so we can see how much interest there is (or lack thereof!) and at some point I can get another local estate agent to do a proper valuation for use in court. I assume that if I ask my ex-wife to let them in to do this valuation and she refuses (or, more likely, ignores the request) then as long as I can prove that I asked, gave her 7 days or so and she ignored it then I can go ahead and get a valuation that could be used in court

My questions now are :

1 How long do you think is a sensible time before I try to get the new valuation and start the process of going back to court ?
2 What order would I need to apply for (as I'm hoping to do this myself)?
3 What wording will the Court allow re reducing the price, timescales, further reductions and, ultimately (god forbid), putting the house up for auction ? (as I don't want to have to keep coming back to court).

Thanks again.
Re: Speeding up sale of FMH
bruv1969 - 17 March, 2017 09:08PM
The house is still not generating interest and I need to get it sold. Her solicitor has now said that if i try to get the price reduced in the courts they'll try to get the %split changed (in her favour of course). Can she do this??

I'd still like to know what order i have to ask for to get the price reduced. How can i get a valuation from a different estate agent if she ignores the request or refuses to let them in??

Thanks for any help
Re: Speeding up sale of FMH
HatMan - 18 March, 2017 06:36AM
The problem you have is that the court will have an opinion on how much she needs to house herself ( and your son ) - therefore if the sale price is reduced it is very likely that her % will be increased so that she still has the same ££££ to enable her to adequately house herself, your needs as the parent without custody come way down the pecking order.

If you are prepared top accept such lower amount in order to move forward it may be easier to accept that and get on with it.
Re: Speeding up sale of FMH
davidterry - 20 March, 2017 06:29PM
If a court order has already been made determining the percentage each should receive upon sale the court no longer has the jurisdiction to change that percentage. If the sale price is reduced then you each get less. That is all. Changing the percentage is not an option. So your wife cannot do this, no.

You can ask for a report from the estate agent asking for details of whether the house is being offered for sale at too high a price and asking for the estate agent's recommendation as to the price at which it should be marketed in order to achieve a sale within a realistic time frame. If your wife insists upon holding out for a price which is substantially in excess of the agent's recommendation you can take it back to court under the 'liberty to apply' provision which will almost certainly be in the original court order. Provided you have solid evidence from the agent you can force the sale forward although going back to court is not quick and it costs money.
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