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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am divorced (absolute March 2016) and still reside in the

Resolved Question:

I am divorced (absolute March 2016) and still reside in the former marital home which is on the market, to sell as part of the financial settlement I will have 85% once the mortgage has been paid. The house was marketed initially at 475k and reduced to 460 upon which a sale agreed at 452,500 which sadly fell through. The house was then reduced to 450k following continued pressure from my ex. He has been further pressuring me to reduce to 425k which I feel will, once mortgage paid and my legal costs are taken out of my share, will not leave me with sufficient to fund my housing needs. I cannot get a mortgage due to previous cancer and only work part time, previously worked for my husband in our business. He is now threatening me with court proceedings to make me reduced further, I have agreed if he meets the shortfall in my financial calculations that were calculated based on a sale at 450. But his insistence will leave me unable to buy a suitable property and I cannot afford court and legal costs which has already crippled my financial settlement. He has funds, ongoing business, income, property and family and friends with financial support.. The reason for our divorce was his adultery, I feel I have been unfairly treated by the previous court ruling and am fearful of further proceedings leaving me unable to house myself.
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. What does it state in the financial agreement/order in relation to the sale, marketing and pricing of the home?

Customer: replied 9 months ago.
As far as I know it was left to be mutually agreed regarding the sale
Expert:  Harris replied 9 months ago.

Thanks for confirming - you therefore have no obligation to agree to a lower price but if you are advised by the estate agent then this will be a separate matter. If no price can be agreed between you the court will need to intervene.

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

Customer: replied 9 months ago.
The agents were approached by my ex and they have verbally advised me that he wanted a letter advising us to reduce, which they did in writing, which would bring a quick sale, not a market value sale which he can use to influence the judges ruling, even though the reduced price now leaves me unable to buy a reasonable home, as the settlement was based on a sale price much higher. Will the court take this into consideration and adjust my financial award.? How can I ask for this to be considered, he is being very unfair as I have no other means
Expert:  Harris replied 9 months ago.

Unfortunately the court will not vary such an order unless you can demonstrate fraud or misrepresentation which has led to this. It may be in your interest to resist this reduction. If the wording of the agent's letter is not their independent opinion then it would not help him.

Expert:  Clare replied 9 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

The key issue here is why the last sale fell through and how realistic the current sale price is.

You should also look at another couple of agents for their opinions on the sale price.

All of this will help you if your ex does go to court.

It is still early days for a forced sale and the court will take into account your housing needs IF you can show that the higher price is achievable with patience.

You do not have to instruct anyone else to deal with an applictaion - if you plan it and have the evidence you can explain the isutaion to the Judge yourself and ask for a further six months before any extreme price reduction

Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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