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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33804
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There.. I am currently due to attend my first appointment

Resolved Question:

Hi there.. I am currently due to attend my first appointment in a family law court in Milton Keynes. My situation is that my ex wife has moved out of the family home and I am now paying all of the mortgage and bills. We have had an offer on the house to sell it and I think we will get another one this weekend. However, my ex-wife wants £20,000 more where I am happy to sell for what myself and the estate agent consider to be a fair market value. We are not exactly innundated with offers on the house so if there is an offer and I can't accept it because of my ex-wife can I apply for a court order of sale in the first appointment next month? Is this likely to be granted as I feel that it would be best for us both to sell the house - have the judge make a ruling on the consent order and then move on with our lives

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.
How much is the equity in the former matrimonial home?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.

The equity in the former matrimonial home is 277000. My ex wife has a salary of 50000 a year and I am self employed paying myself 3500 per month. Assets my wife has a pension and her own business, I have a business which was formed after our separation. We have a BMW (ex wife owns) and a porsche (I own). All the rest is chattels

Expert:  Clare replied 1 year ago.
Hi
When is the first appointment?
When do the Forms E need to be applied for
is there a reason your ex is being unreasonable about the sale price (or is it just spite)
Clare
Customer: replied 1 year ago.

The first appointment is 17th July. The form e exchange is Wednesday. My ex has been uncooperative since I filed the petition. She wanted to do this and initially i agreed but she was taking too long. I think this is why she is being unreasonable. However the house surely should be sold at fair market value

Expert:  Clare replied 1 year ago.
Hi
Do you have written confirmation form three Estate Agents as to the realistic market value of the property?
Clare
Customer: replied 1 year ago.

Not at the moment.. All I have is emails suggesting that a drop in price would be a prudent move. We have the house marketed by two estate agents. They have both suggested a reduction of 25,000. We have had an offer for 50,000 lower than asking price.

Expert:  Clare replied 1 year ago.
Hi
I am afraid that no Order for Sale will be made at the first appointment
What will be ordered, unless you both agree on the value of the property, is an independent joint valuation of the property which will then be the base line for all future negotiations so far as the court is concerned.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33804
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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