Hi! I have a Consent Order with my ex wife from 2003 in southampton county court. It gives me 10% Mesher order / charge on the former matrimonial home until my youngest daughter leaves full time education, which happened last year july 2014. The order gave permission to enforce it if necessary.
I took legal advice about what to write to my ex wife and I wrote to her. she replied enlcosing valuations of the property around 695,000. (But zoopla values both neighbouring houses at 1 million.) She also wants to deduct 20,000 owing through the CSA; and does not acknowledge that the mortgage has reduced since 2003 (I assume it is zero now, but she says we should deduct the mortgage amount as it stood in 2003 namely 108,000. I see little to be gained by arguing her (on previous experience - she has no wish to negotiate a settlement). I wish to aplly to the court. I am uncertain whether or not I should write to my ex-wife giving the reasons for going to court, or whether I can simply tell her that I disagree with her figures and we can go to court to have a Judge decide what is correct.
The applicant shall execute a legal charge in the respondents favour against the property... of 10% of the net equity therein. The net equity is hereby defined as the gross sale price lessthe amount required to repay the existing Britannia Mortgage no. XXX (standing at approx 108K on 6.8.03); the early redemption penalty on the said mortgage, if any, and reasonable costs of sale.
The said 10% charge shall become exercisable at the earliest of the following. (trigger events listed, one has taken place and is not disputed). End quote. Ex wants to pay low house valauation (she obtained marketing reports which discuss private sale and quick sale and do not list the entire proerty); minus 108,000 mortgage; minus 2% costs of sale; minus CSA outstanding debt.
Thank you. May I ask 3 quick questions:
1.is 2% reasonable for cost of sale?
2. SHould I expect to pay for a drive-by valuation?
3. Should I argue about the CSA arrears, last time they communicated with me it was 15,000; they have not replied to my correspondence for 3 years; now my ex says the arrears is 21,000 . Would you suggest I bother to check up and argue, or let it be?