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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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HiBeen divorced now forXXXXXsaid she could

Resolved Question:

Hi
Been divorced now for 6 years
The court said she could live in the house until sold
she has been living there rent free, done no maintenance
She has been nothing but awkward as she does not want to move
House has fallen through twice last year with a agreed cost of £290k
We have in the last two days had an offer for £270 then increased to £280 yesterday
I have the feeling she will not accept this offer saying its not enough
Our estate agent has written to both of us saying its worth £290 to £300
What can be done?????
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What are the specific provision of the Court Order with regard to the conduct of the sale?
Clare
Customer: replied 3 years ago.

Hi Clare


Good morning!!!!


The provision in the court order says:


1. The former matrimonial home.....................to be sold forthwith and the net proceeds of the sale shall be divided equally between the parties.


2. The following consequential provisions shall apply:


a)The parties shall have jointly have conduct of the sale


b) The property shall be sold on the open market at the best realisable price recommended for acceptance by the agreed selling agents.


 


We have a letter from the agents stating the property is worth between £290K and £300K


She will not agree (asked on several occasions) to drop the advertised cost of £345K to near the value - suggested £315K - this was to create more interest at a realistic selling price


 


Hope this is of assistance?


Regards


Dillon Wood


 

Expert:  Clare replied 3 years ago.
HI
Thank you for that - for clarity can you confirm the current price that it is being marketed at?
Clare
Customer: replied 3 years ago.

Hi Clare


As said in last email - the advertised cost is £345K


She has been asked on several occasions to drop to around £315K as estate agent has suggested the £290K to £300 is the selling price - but she has refused


Regards


Dillon

Expert:  Clare replied 3 years ago.
Hi Dillon -
I just wanted to check that there was no typing error
Given her refusal to market the property at a realistic price you can apply to the court to amend the Order to allow you to have conduct of the sale and for it to be marketed at a price set by the court
You make this application using a form D11
I hope that this is of assistance - please ask if you need further details
Clare
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