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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi there, I have a court order that instructs myself and ex

Customer Question

Hi there,
I have a court order that instructs myself and ex wife to sell the former matrimonial home at
a guide price of £650k it has been on the market for 3 years .We have an offer of £580k on the table the first and only one ever received.I am prepare to accept ,she is not.What can I do ??
Mark
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You would need to apply to the court for variation of its order pointing out that the property has been on the market for 3 years and that the only offer received has been 580K and allowing the offer to be accepted.

All the best
Customer: replied 3 years ago.

in the past when i have been the applicant requesting a court order it has taken two weeks for a judge to read my application then another 6 weeks for a hearing,the offer will not be on the table if i have to wait that long. is their a fast track method of getting a judge to force my ex wife to accept the 580k?

Expert:  UKSolicitorJA replied 3 years ago.
You should mark your application as urgent, but it will all depend on the courts diary when they are able to hear the application.

All the best
Customer: replied 3 years ago.

is there a precedent that says the judge will force her to agree the price or could he/she just recommend seek legal advice,which i cant afford. my ex wife will put all kinds of barriers as to why she could not accept the 580k when the guide price was 650k,do you think the judge will go for the 580k as the only offer ever made?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, there is a good chance that the judge may vary the order to 580K seeing that it is the only offer ever received and is only about 10% less than the original guide price.

There is no precedent as such, the particulars of this case will be unique to you two and depend on your personal circumstances.

All the best
Customer: replied 3 years ago.

when i submit my application via email what documentation do you suggest i attach to help support my request for a decision from the judge?


 


the original court order said I must pay all monthly mortgage payments which i have always done,if the judge does not force through the 580k price how can i get the original court order changed so as she pays say half of the monthly mortgage cost,can that be done? if so how? its likely that if the judge can force through the 580k and the party is still interested in buying it at that stage then my ex wife will stall the sale as its in her interest ,she will say she cant move etc as she hasnt found a place to live.How can i get the court to instruct her to move out immediately or quickly so as not to stall the process of the sale?

Expert:  UKSolicitorJA replied 3 years ago.
You should attach a copy of the offer of 580K and explain that it is the only offer which has been received. You may also wish to attach market prices of neighbouring properties to support the 580k offer.

You should ask for order for an immediate sale and that the property should be vacated upon completion of the sale so your ex doesn't get time to stall. The property has been on the market for 3 years already so no
Reason why it should be delayed any longer.

You may also ask that in the alternative, she should pay half of the mortgage until the property is sold for the 650k guide price.

All the best please leave feedback as your queries have been answered.