Sadly, my ex lives at my elderly parents residence with my brother. She has lived there since separation in 2004. The divorce was finalised in 2012 on my filing for divorce. There have been delays due to my mothers ill health, where my ex claims she delayed the property sale out of not upsetting anyone, though I have always insaid that my mum is not her concern and that we should resolve all divorce matters so that we may move on. In April 2013 we had the house valued and the sale was progressing but she went on a five week holiday with my brother in June and on her return she did not follow the sale up and soon after my mother took ill. We had the house revalued in Oct 2014 but I asked her to move out from my parents residence and move to her mother's, who is also elderly, or where ever else she felt was appropriate as on sale of the house I plan to move in with my mother and be her carer. She has not moved out yet but wants the house sold.
My issue is that a) if I agree to sell the house I am going to struggle to get her to move out of my mums, b) while the sale is delayed the MV of the house keeps on increasing given the current market conditions with the court order being that her share of the proceeds being 80% and c) while I am living at the family home I am incurreing costs and making the mortgage repayments.
I am 57 and single. I have no plans on buying a new property. I shall apply my share of the sale proceeds together with my savings and pension towards my maintenance. I was made redundant in 2012 and have since not held a stable job due to these uncertainities and I don't see how I can in the near future as I wish to spend time with my elderly mother for however long she is with us. My mother is too frail and weak to face up to my brother and the ex to ask my ex to move out but has asked me to take all necessary steps to make it happen. It is all very awkward I am afraid. I am keen on selling the house asap and be with my mother before it is too late. I would hate that to be the situation.
Also, the court ordered for her to have an 80% share of my company pension fund to 2004 + all FSAVC contributions I made to the fund till 2009. This had a CEV of £97,000 in 2012. It is now worth £120,000. Again, she has not taken her share dispite reminders from the pension fund managers. The problem I have here is a) the capital appreciation she has accrued and b) I don't have access to my share of the fund until she does take her share. I am inclined to force her to take action on this too as a condition to selling the house.
As you can see, once the house has been sold I will have no leverage over her and so while I don't want any further delay in the property sale I have to take these issues into account.
Sorry for the long note, though I have tried to keep it as brief as possible.
Thank you for your kind consideration.