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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I currently reside in the former marital home which is on

Resolved Question:

I currently reside in the former marital home which is on the market for £187500. I have been fully paying the mortgage since our split and divorce. My ex husband now wants to reduce the asking price by a further £10k, however I feel compared to other properties in the area the current price is fair and reasonable.
My ex husband claims to have sought legal advice and is threatening to take the matter to court if I don't agree to reduce the asking price. He also claims he has a strong case to win the agreed reduction or take the property to auction. Additionally he has told me if he wins I would be liable for all legal costs including his, he is estimating around £5000.
Is this the case and would I be liable for his legal costs?
Thanks
Alison
Submitted: 12 months ago.
Category: Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Was there a court approved financial settlement as part of the divorce, if so what are the terms?

-Whose name is ***** ***** in?

-What are estate agents advising about pricing?

Customer: replied 12 months ago.
Hi thereThere was a court approved consent order which agreed to a 65/35% split in my favour, we have two children who both reside with me at the property, one is 17 and the other is 11. The current mortgage on the property is £137000 being paid by me solely.The title deeds are both in mine and my partners names.The estate agent is advising to reduce the price from £187,950 to £179,950. Although the pricing examples he is providing are for much smaller properties and in some cases in less preferable areas.RegardsAlison
Customer: replied 12 months ago.
Hi AgainHave you responded to me?
Expert:  Harris replied 12 months ago.

What provision fod selling the property was made in the order, and does it state who will have conduct of sale? If possible can you attach a copy of the order here using the paperclip icon?

Customer: replied 12 months ago.
I can't as it is filed away somewhere and would take too long to locate. The order did state that the property was already up for sale with the associated estate agent at the time. Since then we both agreed to change estate agents and have reduced the property by £50k since its original valuation.
Customer: replied 12 months ago.
Is this the information you required?
Expert:  Harris replied 12 months ago.

Do you recall who it said would have conduct of sale (whether it was sole or joint conduct?)

Customer: replied 12 months ago.
I believe it may have been joint conduct but not entirely sure
Customer: replied 12 months ago.
I have just found the consent order and it does state that both parties shall have conduct of the sale
Expert:  Harris replied 12 months ago.

Thank you. As you have joint conduct of sale all marketing decisions must be agreed between you and pricing must be based on advice of estate agents to prevent yourself being considered unreasonable. In the event that such a decision cannot be agreedyou are both entitled to pursue a court application for the court to male a decision, but both your legal costs for such matter would likely be deemed excessive when compared to the price reduction that is sought.

His threat of seeking his costs from you is for the court to decide and will likely only be made if the court feels your conduct is unreasonable.

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 your question without a positive rating. Thank you.

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