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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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Final hearing was on 27/09/12 Family home was required to

Resolved Question:

Final hearing was on 27/09/12
Family home was required to be sold forthwith
The applicant has delayed the sale and the property is still unsold.
The net sale proceeds were to be split 80:20 applicant and I
Market value during early 2013 was £365k and the value included in the asset schedule was £365k. Current market value is £450k.
The applicant has not made any mortgage repayments or paid any interest on the outstanding mortgage.
Due to the delay in the sale of the property I am proposing that the gains in excess of £365k be divided 50:50 and not 80:20. Can I insist on this?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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
What steps have you taken to enforce the Order for sale?.
Clare
Customer: replied 1 year ago.

None as yet

Customer: replied 1 year ago.

None as yet.

On hitting "Reply to Expert" I am being taken to paypal for additional payment. Why?

Expert:  Clare replied 1 year ago.
Hi
Is the property now on the market - if so when was it marketed?
Clare
Customer: replied 1 year ago.

Property is not on the market but it has been valued recently.

Expert:  Clare replied 1 year ago.
Hi
What has been the reason for the delay?
Clare
Customer: replied 1 year ago.

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.

Expert:  Clare replied 1 year ago.
Hi
Just for clarity - the house that needs to be sold is currently empty?
Clare
Customer: replied 1 year ago.

No. I am living in it.

Expert:  Clare replied 1 year ago.
Hi
So why have you not marketed the property and dealt with the sale?
Clare
Customer: replied 1 year ago.

Per the court direction - the sale has to be jointly dealt with but I guess if I had gone ahead with the sale the applicant would have been happy with that so long as she maxed on her entitlement. To me that seemed like turkey voting for christmas. The applicant needs to put some effort into the process and offer total closure, not just financial closure and henceI while I have co-operated with her when she has made some effort I have not gone out of my way to keep the pressure on when she does not follow up. However, I have now decided to take the necessary steps to finalise this unsatisfactory arrangement and move to my mother's asap. Hence, the need for advice as regards ***** ***** is value of the property since the court hearing in Sept 2012.

Hope this helps you. Thanks.

Expert:  Clare replied 1 year ago.
Hi
Unfortunately there is no basis on which you can change the percentage division of the proceeds of sale - so your ex will benefit most from the increase in the value of the property
Sadly the fact that you were the one living in the property means that the court will simply say that there was no reason why you could not have taken the steps to market the property at any stage in the last three years.
I am sorry to have to give such bad news - 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.
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