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Harris, Law Specialist
Category: Law
Satisfied Customers: 1621
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I was divorced in 2009. In 2010 my ex wife died. Our decree

Customer Question

Dear Sir or Madam,
I was divorced in 2009. In 2010 my ex wife died. Our decree absolute was granted after Financial Dispute Resolution and one of the orders was:
The property Casa Felicidade in Tavira Portugal be sold forth and the net proceeds of sale, after discharge of the costs of sale, mortgage held by Barclays International Lisbon,and Capital Gains Tax (if any) be distributed as to: (i) The first £40,000 to the Respondent (My Ex Wife) (ii) The balance to the Petitioner. This order for sale be revoked upon the event of earlier payment of the sum of £40,000 by the Petitioner to the Respondent.
In 2011 we tried to put the property up for sale but due to unregistered modifications to the building it could not be registered at the Local Government. It was also found that there was some corruption in the Local Government and therefore The Country's Main Government ordered a suspension of all old applications, and that suspension is still ongoing. In good faith I was paying my son (My ex wife's executor of her estate) £350 per month for a year until I became unemployed.
My question: If I put the house up for sale at the going rate and it does not sell for some time due to the current financial environment, have I fulfilled my obligation and do not have to pay anything in the meantime?
Submitted: 4 months ago.
Category: Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. Were there any other terms in the order that related to this property?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
I typed it exactly as it was written in the agreement
Expert:  Harris replied 4 months ago.

Thank you for confirming. You have two options - either to sell the property and provide £40,000 to her estate or provide £40,000 to her estate, thereby revoking the order for sale.

You should be aware that her estate, if necessary, could proceed to enforce the order if they think that the price that you are attempting to sell it for is preventing a sale - thereby seeking a possible lower sale of the property to obtain your ex-wife's share of the proceeds as ordered.

To prevent them doing this you should continue to endeavour to sell the property, or settle the £40,000.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 4 months ago.
Therefore if I get it valued and ask that price, could they then say that it was the price that was inhibiting the sale?
Expert:  Harris replied 4 months ago.

No - if you are following the advice from the agent then it will be difficult for them to argue that the sale price should be lower

Expert:  Harris replied 4 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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