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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I bought my ex husband out of our home in 2012, his name is

Customer Question

I bought my ex husband out of our home in 2012, his name is ***** ***** on the deeds of the property, he had a court order taken out that i had 1 year from when he moved out to release him from the mortgage if not then the property should be sold on the open market. I have tried to get a mortgage on my own but cannot for the amount required so after a year I have put the house on the market and it still is now. I have had a solicitors letter from my ex saying that I am proactive in the sale of the house and it is untidy and over priced, which I feel is unfair as I have always excepted viewings, 2 since january, and I am in the process of having a shed built which therefore looks currently untidy, as for the price yes it is the top end of the market, but the price wasn't stipulated in the court order. He is saying i should reduce the price and if their is no movement towards completion or viewers that the property be put up for auction. If I don't comply he has been advised to go back to court, that he should seek an order to have sole conduct of the sale and our 4 children and myself vacate the property so he can sell it himself. Please can you give me some advice as to where I stand on this matter, many thanks, Lynda.
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow old are the children and what has the Estate Agent said about the current price?
Customer: replied 9 months ago.
Hello Clare,
The children are aged 11, 10, 7 and 5
When I first placed property on the market I had valuations around £320- £350,000, I have put it on at £365,000, which is higher than the estate agent valued it at, but I desperately don't want to sell the children's home, and also need to get some equity back after paying my ex out and to pay the loan off on an extension he left me with. The order stipulated I should sell the home on the open market and I thought I was fulfilling that. As if anyone wanted to buy they will always want a deal thus my intention to except £350,000. Many thanks, Lynda
Expert:  Clare replied 9 months ago.
How much is outstanding on the mortgage - and did you have legal advice when the Order was made?
Customer: replied 9 months ago.
The Interest only mortgage is for approximately £240,000, I am currently paying for the mortgage myself with help from Income Support. I did have a solicitor while I was getting divorced but this issue wasn't discussed in great deal, and I was under the impression I would be able to just remove my ex husband off the mortgage, it was only after the order was drawn up did I find out for myself that is not possible and I would need to start afresh on my own.
Expert:  Clare replied 9 months ago.
Who prepared the Order?
Customer: replied 9 months ago.
The proposals were put forward by 'DWF LLP' solicitors acting on behalf of my ex husband and it was approved by District Judge Wallace on 21 Sep 2012
Expert:  Clare replied 9 months ago.
And just to check - you did not have legal advice on the implications.Was there actually a court hearing?
Customer: replied 9 months ago.
The only thing my solicitor did express concern on was 'the difficulty of me remaining in home is likely to be the position with regard to repayment of the joint loan' looking back on my letters, she did give me a number to contact a mortgage broker, who couldn't help me, by the time i realised i wouldn't be able to get a mortgage on my own after many other appointments etc the order had been passed.
We did go to court originally and they advised we sort out between ourselves to reduce the costs and the order was signed by us both and approved by the Judge.
Expert:  Clare replied 9 months ago.
How much will a cheaper three bedroom property in the same school area cost to buy?Are you now in employment?
Customer: replied 9 months ago.
I have looked at 4 bedroom properties, as I am using this property as 4 Bedroom, the children have 3 rooms up stairs and I use the old lounge downstairs, I also have a 9 week old baby who shares my room, the babies father has his own property he is trying to sell, which I have said to my ex that he would try to take on the mortgage with me instead when his sells but this hasn't appeased him. The prices range from £255- £415,000 for properties in the same school area for 4 bedroom properties.
I am self employed as an Avon rep since I left work as a supervisor/teacher at a college to have children.
Expert:  Clare replied 9 months ago.
Why has your partner's property not sold?
Customer: replied 9 months ago.
He has only had the property on the market for about 5 months
Expert:  Clare replied 9 months ago.
I am afraid that you do have a problem.The house does have to be marketed at an achievable price - so you will need to reduce it to at least the highest price suggested by the Agent.You also need to show that you are actively trying to sell so ensuring that the house is presentable is important.Assume that any potential buyers may in fact be testing out whether or not you are trying to sabotage the sale.Provided you reduce the price and can be seen to be trying then the Court is unlikely to give him conduct of the saleSadly the fact that you have a new partner makes it unlikely that the Court would delay the sale further - but in the event that you do have to argue the matter do not talk about needing a four bedroom house - the court will not see this as essential I am afraidI hope that this is of assistance - please ask if you need further detailsClare

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