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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court case on 22 Jan. My ex husband and I have a

Customer Question

I have a court case on 22 Jan. My ex husband and I have a consent order when we divorced. We own 7 properties - buy to let. xxxxxxx xxxxxx is forcing sale on 6 properties which I cannot stop apparently next week as they are listed in the order even though apparently I am supposed to get notice as first option to buy his interest. I live in one property to renovate it as all in bad condition. The seventh property is jointly owned but his daughter lives there. What are my rights to move into this property and evict her ? It belongs half to me but is not in the consent order All properties have mortgages in both our names but we are divorced. I have tied up cash but not ready cash to pay a solicitor and I think I am in trouble and very worried. Thank you Carolyn

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Has there actually been an Order sale of the properties?
Clare
Customer: replied 2 years ago.

Yes there is a Consent Order properties which I know he can force sale on and this is what the court case is about. The other property has no order . I wish to know if I can either go to live there (his daughter lives there presently) or whether I can force sale myself (even though it is not in the above order). We own it jointly. Thank you help.

Carolyn

Expert:  Clare replied 2 years ago.

What was agreed at the time that the Order was made?
Clare
Customer: replied 2 years ago.

It was agreed that neither party shall be permitted to sell their respective interest without first offering to sell their interest to the other party at a fair market price nominated by the President of RICS upon the application of either party thereto. In the event that the offer is not taken up by the other within two months of valuation the Property shall be placed on the open market and both parties shall consent to the sale of the property with vacant possession and will do all in their ability to assist the sale. This is properties only, the other property is not listed. We own seven - all with quite large mortgages. At present I run 4 houses and he runs three (which equate more in less in equal values) and I wish to keep my four. I have been told I cannot stop the sales. Therefore I wish to know what is my position with the house that is not in the order. The court case six is next Thursday in the Family Court I High Holborn.

Thank you

Carolyn

Carolyn

Expert:  Clare replied 2 years ago.

Were you offered the chance to buy your ex out?
Why was the other property not dealt with within the divorce proceedings?
Clare
Customer: replied 2 years ago.

I have offered to try to buy him out but he has refused to get current valuations from RICS so far and refused my offer of £140K which he says is not enough. I was in a bit of a state at the time of the divorce as my ex husband had been going after my youngest daughter (not his) and I agreed that his daughter could carry on living in one of the houses so it was not put in the Order and not sorted out during the divorce. The whole thing was very stupid of me. I also gave up my rights to his pension so I rely on my four houses as my living and income. However, they only have another 6 years on them. They are buy to let mortgages. Also I am owed money of the houses from the business and the taxes are not up to date as he has refused to give me receipts and has instructed our accountant to this effect. Since running my four houses I have kept all my books (two years) and have been told we have to do joint returns which he also has not complied with. I think he wishes to sell the six houses and then use the funds to buy the one not in the order. I have made him several offers regarding the six - ie the four three split which in money terms is fairly equal; to buy him out of four; to try to buy him out of six but every time he renages on the deal. Now he has taken me to court.

Expert:  Clare replied 2 years ago.

May I ask why you have not organised the valuations?
Clare
Customer: replied 2 years ago.

Because it says in the order that if both parties do not agree it must be nominated via president of RICS. Am I able to do that myself - I assumed this would be via the Judge ?

Mr xxxxxx has had valuations done but only market appraisals via an estate agent which he has not shared with me.

Customer: replied 2 years ago.

Clare the system is not registering my e-mail. It is *****@******.*** - I can't get anyone on 'phone as they are closed. Thank you

Carolyn

Expert:  Clare replied 2 years ago.

Yes you are entitled to contact the RICS - and should do so immediately
If your ex has not followed this process then the Court will not support his application sale of the properties
However that assumes that you can obtain his release from the mortgages on the properties that you wish to retain
With regard to the other property as a joint owner you are entitled to move in - unless the daughter nas a formal tenancy agreement in which case you cannot do so.
In any event you can apply to the court Order sale of the property
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare, I did rate your service as excellent. Unfortunately I lost as the Judge ruled I did not need RICS surveys - best of three market valuations and apparently my mortgage company don't need to transfer into a sole name even though the Judge ruled that. I could only afford to buy my ex-husband's share in a couple of the properties (not pay off the full mortgage) so if they don't agree I can't do it. Mortgage Express are trying to reduce the mortgage term - it is 11 years at the moment left - and will not put anything in writing - they only will deal by telephone which I am not happy with as I want it clear and crystal. I went against a Judge, solicitor and barrister. It was quite horrible. They have ruled that I can buy the interest on any of the properties (my husband's interest) but the mortgage express company are saying "no" unless I reduce the term (years) on the mortgage. With the massive capital gains I might as well cut my losses I think as will have to pay that at the end of the term any way and when they are expecting my ex-husband's share it is the market value minus the mortgage. It does mean losing £250K however in capital gains. I do thank you help as at least I felt I had had a bit of support. Thank you Carolyn

Expert:  Clare replied 2 years ago.

I am sorry it did not go well - but have to say you did well to even try to fight it
Clare

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