How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

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: 1 year ago.
Category: Law
Expert:  Harris replied 1 year 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 1 year 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 1 year ago.
Hi AgainHave you responded to me?
Expert:  Harris replied 1 year 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 1 year 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 1 year ago.
Is this the information you required?
Expert:  Harris replied 1 year ago.

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

Customer: replied 1 year ago.
I believe it may have been joint conduct but not entirely sure
Customer: replied 1 year ago.
I have just found the consent order and it does state that both parties shall have conduct of the sale
Expert:  Harris replied 1 year 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.

Harris and other Law Specialists are ready to help you