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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33301
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Customer Question

My divorce is to be finalised in May 2013. After a brief marriage of three years. We have no children.

We bought a property together and I am no longer living there, but my soon to be ex wife still lives there. After a court hearing last year I was ordered to pay half the mortgage for 12 months.

During this time my wife has refuses to negotiate or accepted any offers to buy her out. She is using delay tactics to sell house.

My issue is I don't live there, I have my own rental costs to pay, so how can I force the sale of the house?. How long will this take?

Can I ask for amendment of the court order which is forcing me to pay 50% mortgage costs. As I just cannot afford my own rent and the mortgage for where she lives.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your query I will do my best to assist you.
What did the Order say about the sale of the house?
Claire
Customer: replied 3 years ago.
Nothing about sale of house. It was non molestation order with power of arrest. All statements were untrue and I asked for hearing for order to be cancelled.

The judge agreed to amend order on terms I pay 50 % mortgage costs until we resolve financial matters outside of court -this never happened as wife not negotiating at all.

Other term was I cannot enter property as she made false allegations about me being violent-not true at all!
Expert:  Clare replied 3 years ago.
Hi
Has a Financial Application actually been issued?
Has mediation been tried?
Claire
Customer: replied 3 years ago.
The financial application is end of the year 2013. During this time I still have to pay the mortgage.
Expert:  Clare replied 3 years ago.
Hi
Sorry - when you say it is at the end of this year could you explain what you understand by that?
Claire
Customer: replied 3 years ago.
The hearing for financial matters is end of this year.
Expert:  Clare replied 3 years ago.
Hi
May I ask why it is listed so late?
Have Forms E been exchanged?
Claire
Customer: replied 3 years ago.
The judge says two days are needed to read all financial matters. Next available two days are November 2013.

All financial information is being exchanged and proof of funds for house purchase are being prepared.
Expert:  Clare replied 3 years ago.
Hi
Has you solicitor asked for the matter to be released to another court to see if an earlier date can be identified?
Claire
Customer: replied 3 years ago.
No but this could be a possibility.

If I apply to the court to give access to estate agent, to sell the house through court order, how long will this process take?.

What is the likelihood of such an order being approved?

I have offered to buy house, but she has refused. She had instructed her own estate agent who has priced property too high, and this is a delay tactic as I am paying mortgage until end of year. I would like court order to instruct sale of house through multiple estate agent.
Expert:  Clare replied 3 years ago.
Hi
You have already made the application - that is one of the issues that the court will be considering at the two day hearing.
The Court has the power to set a selling price and to deal with how the property should be marketed.
If the current arrangements are placing a financial burden on you to the point that you simply cannot maintain basic necessary expenditure then you need to ask for an interim hearing to deal with who should be paying the mortgage
Claire
Customer: replied 3 years ago.
The hearing for financial matters is Nov 2013. Can a separate application be made requesting a court order to force the sale of the house prior to that date?. If so how does this work?
Expert:  Clare replied 3 years ago.
Hi
No I am afraid that the Court will not entertain a separate application dealing with just that as the issue of whether or not the house is to be sold and how the proceeds will be divided is an intrinsic part of the Financial issues.
If you were to try and issue a Property Law Application it would be stayed (placed on hold) until the final financial hearing and you could face a costs order
Claire
Customer: replied 3 years ago.
What are my options to sell the house before November. I have no access to the house. I do not want to continue paying mortgage until November, I don't live there, I have my own costs to meet. She has instructed estate agent who has price house too high, therefore house will never sell and she clearly has no intention to sell. Is there any way I can instruct sale of house at a more reasonable price? Through multiple estate agents? I have no access though. Surely this is very unfair that she has all the control on the sale of the house. She is living at my expense in our joint home from which I am not allowed to have access.To make matters worse she has claimed we took a joint loan from a third party to help pay for the house deposit. She claims I agreed to this which is totally untrue. I have never met this third party person who paid a deposit into her bank account which was subsequently used to pay her share of the deposit to purchase house. I paid my own deposit from my savings. How can this be proved in court to be complete dishonesty? I suspect she is trying to get more than she is entitled too.
Expert:  Clare replied 3 years ago.
Hi
I am sorry but there is no basis on which you will be able to force a sale prior to the hearing (unless your ex agrees) - I wish there was.
However you can go ahead and make an application to be released from the requirement to pay 50% of the mortgage - that is a different issue.
I do not think that the deposit issue will markedly effect the settlement from what you have said
Claire
Customer: replied 3 years ago.
She has placed the house on the market above asking price. What if my parents buy the house at the asking price from the estate agent she has instructed?.

If she refuses to sell still, what bearing will this have on the final hearing? That she refused an offer at asking price?
Expert:  Clare replied 3 years ago.
Hi
Are you parents in a Financial Position to actually go ahead with the purchase?
Claire
Customer: replied 3 years ago.
Yes. But if she refuses sale at her asking price by her own estate agent then surely this will have bad bearing on her.

Expert:  Clare replied 3 years ago.
Hi
It would certainly assist your case - but not until the final hearing of course
Claire
Customer: replied 3 years ago.
What happens If she refuses to sell at the asking price to my parents, (even though the asking price is above average).

If she does refuse and I arrange an interim hearing to apply to stop mortgage payments will this be successful?
Expert:  Clare replied 3 years ago.
Hi
It is impossible to predict in the absence of a detailed knowledge of your case I am afraid - it is more likely that the court will be concerned about your income position rather than any failed sale of the house
Claire

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