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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I am recently divorced from my husband and my stepdaughter

Customer Question

I am recently divorced from my husband and my stepdaughter and I are living in the matrimonial home, the house being in my husband's name only.
The house is on the market for sale but my husband will not accept an offer under 900000 as he was awarded little by the judge.
I want to sell and move on as he has. I have been told that as I hold a court order that the house is to be sold forthwith I have to get a surveyor to value the property and find a buyer and get to exchange of contracts and if he won't sign I apply to the court to sign for him. Can you please tell me if this is correct. Thankyou
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 is the exact wording of the Order for sale?
Clare
Customer: replied 2 years ago.

Dear Clare,

Order for sale

The family home Shall be sold forthwith on the open market and the following conditions apply:

a] the property shall be sold for£900000 or such alternative price as may be agreed between the parties or in default of agreement determined by the court

b] both parties shall have conduct of sale

c] such solicitors as may be agreed between the parties or in default of agreement determined by the court shall have the conduct of the conveyancing work relating to the sale.( we already have one instructed by my husband)

Thankyou

Suzi

Expert:  Clare replied 2 years ago.
Hi
What sale price has been recommended by the selling agents?
Clare
Customer: replied 2 years ago.

On the market with 3 agents for 950000. We had a buyer at 900 but after survey they offered 850 as there was 20000 work to do including electrical.

I have found somewhere to buy but cannot proceed until house sold.

My husband has moved on in his life and has another property with his brother which I could not prove in court as he lied and said his brother owned it. He knew that I knew he was lying but I could not do anything about it.!

He wants to hold out for 900 as hi will not get a lot from the sale as there is 485 outstanding on mortgage which he has not paid since July. But I want to accept a lower price so I can move on with my life which he has destroyed. My stepdaughter lives with me and I only have a pension to live on and I am running out of money for bills.

Suzi

Expert:  Clare replied 2 years ago.
Hi
Has the agent told you that £850,000 is a more realistic price?
Clare
Customer: replied 2 years ago.

Yes, it will be easier to sell at under 900.

Thanks

Suzi

Expert:  Clare replied 2 years ago.
Hi
How many Estate Agents have confirmed this?
Clare
Customer: replied 2 years ago.

Thankyou but I think I know what I have to do

Expert:  Clare replied 2 years ago.
Hi
I hope what you understand is that you need to apply to the Court under provision (a) for the property to be marketed at a more realistic price.
You need evidence that the property is overpriced - hence the reference to a surveyor - although reports form local Estate Agents are also useful.
The application form is here\
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
I hope that this is of assistance
Clare

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