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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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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my ex-wife and i have been divorced 1/2 years. i still

Resolved Question:

my ex-wife and i have been divorced for 2 1/2 years. i still live in the marital home that we jointly own. the house is up for sale as per the divorce agreement. however, we have had an offer on the property that i consider reasonable and would like to accept but my ex is not returning my messages and wont speak to the estate agents either. without her ok i cant sell the property! where do i stand legally?
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.
Is there actually a court order for the sale of the property?
Clare
Customer: replied 2 years ago.

the divorce papers state the property must be sold and the assets after paying the mortgage off to be split equally between the two of us.

I believe it is part of the financial consent order approved and sealed by the court.

Expert:  Clare replied 2 years ago.
Hi
Do you know why she is refusing to co-operate?
Clare
Customer: replied 2 years ago.

now that is a very good question! At the moment, my son and i live in the property. He is 24 but is unemployed. I am planning to move in with my partner but he doesnt want to come with me. My ex wife is living with her parents and has shown no desire at all to sell the house since we divorced. You would think she would be pushing for the sale to get her half of the proceeds wouldnt you? I can only assume that she just wants me to stay in the house, housing my son so that she doesnt have to have the responsiblity of finding her own place and then housing my son too.

Expert:  Clare replied 2 years ago.
Hi
Just to check - there was no financial agreement made at the time of the divorce?
Clare
Customer: replied 2 years ago.

no. the only agreement is the financial consent order that says the house has to be sold and the proceeds split from the profits.

Expert:  Clare replied 2 years ago.
Hi
Is the price offered in line with the valuation of the property at the time the Order was made?
Clare
Customer: replied 2 years ago.

the original valuation was 65,000. However, my ex-wife, for some reason only known to herself would not agree to it going on the market at anything less than 72,000! i had had 3 estate agents out to value the house and none of them had given this price. she wouldnt get an independant valuation and was holding things up during the divorce because of this, To speed things up i agreed to her price to get it on the market and get proceedings started again.

the house has now been on the market for around 3 1/2 years. We have had 3 serious offers for the house in all. 58,000, 62,000 and the latest 60,000. all of which she has refused. the house needs quite a bit of cosmetic work and such that reflects the price. she recently agreed to drop the asking price to 68,000. but i think that was just to fob me off really. so i re-launched the sale with the estate agents, culminating in the offer of 60,000 last week. to which she wont discuss with me or the estate agents.

Expert:  Clare replied 2 years ago.
Hi
The way forward is to go to court to enforce the Order for sale.
You can ask the court to set a minimum price - and if necessary you can ask the court to sign the sale paperwork in place of your ex.
The form you need is a D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
Please ask if you need further details
Clare
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