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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Re-submitted: I got divorced recently. As part of the

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Re-submitted: I got divorced recently. As part of the financial settlement (25 Jan) my ex wife was to put the two properties we own together on the market. She will get all of the proceeds from the sale to purchase a family home outright, along with a lump sum of 260k. However I am paying the mortgages on both houses (and live in neither). She receives the majority of the rental income (1,100 out of 1750) from the second property which is rented out. I am paying a total of £4500 in mortgage payments each month and her maintenance payments of a further £4000 only reduce upon sale of the two houses. She is therefore not motivated to sell at all. It’s now been over five months since financial settlement and only one of the properties has been advertised. I live abroad so she has responsibility for the sales. How can the courts enforce a sale if it comes to that? How can I use the possibility of this to get her start the sale process? I complained that my lawyer at the time about such mis-aligned incentives but was told to accept the “deal”.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Can you tell me if there were any provisions in the order as to when the houses should be marketed for sale or was it forthwith?

Kind regards

Caroline

Customer: replied 4 months ago.
Hello CarolineYes, both properties to be sold forthwith. Below is the section of the court order on the sale of our joint properties dated 25 January this year. I agreed to allow*****(an investment property)to be sold first and that this could start in April or May as we have tenants. but they should be marketed at that same time. My ex wife has used this to delay. Although the investment property is on the market for a few weeks the family home still is not. My ex wife is making excuses about being too busy to tidy up or that she has a bad back. I think almost five months later (and 20k in mortgage payments) I have been quite understanding.Neil15. The family home shall be sold forthwith on the open market for sale and the following conditions will apply:
a. the property shall be placed on the open market for sale immediately for such price as may be agreed between the parties or in default of agreement determined by the court;
b. the property shall be sold for such price as may be agreed between the parties or in default of agreement determined by the court;
c. both parties shall have conduct of the sale;
d. such solicitors as may be agreed between the parties or in default of agreement determined by the court shall have the conduct of the conveyancing work relating to the sale;
e. such estate agents as may be agreed between the parties (the Applicant shall obtain 3 market appraisals including market value, achievable value, strategy and the parties shall agree which agent to use) or in default of agreement determined by the court shall offer the property for sale;
f. all viewings shall be conducted by the agents and they shall copy both parties in to details of all viewings and offers;
g. the parties shall adhere to and take reasonable advice from the agents;
the completion of sale of the family home shall not take place before the completion of sale of Fitzwilliam Road; and
h. upon sale the proceeds of sale shall be applied as follows:
i. to discharge the FH mortgage;
ii. in payment of the solicitors’ conveyancing costs and disbursements in connection with the sale;
iii. in payment of the estate agents’ charges;
iiii. in clearing any overdrafts on the joint bank accounts;
v. in payment of the balance as to the Applicant.
16. Fitzwilliam Road shall be sold forthwith on the open market for sale and the following conditions will apply:
a. the property shall be placed on the open market for sale immediately for such price as may be agreed between the parties or in default of agreement determined by the court;
b. the property shall be sold for such price as may be agreed between the parties or in default of agreement determined by the court;
c. both parties shall have conduct of the sale;
d. such solicitors as may be agreed between the parties or in default of agreement determined by the court shall have the conduct of the conveyancing work relating to the sale;
e. such estate agents as may be agreed between the parties (the Applicant shall obtain 3 market appraisals including market value, achievable value, strategy and the parties shall agree which agent to use) or in default of agreement determined by the court shall offer the property for sale;
f. all viewings shall be conducted by the agents and they shall copy both parties in to details of all viewings and offers;
g. the parties shall adhere to and take reasonable advice from the agents;
h. the proceeds of sale shall be applied as follows:
i. to discharge the Fitzwilliam mortgage;
ii. in payment of the solicitors’ conveyancing costs and disbursements in connection with the sale;
iii. in payment of the estate agents’ charges;
iiii. in clearing any overdraft on the joint bank accounts;
v. in payment of the balance as to the Applicant. The funds due to the Applicant shall be held by the conveyancing solicitors and not paid to the Applicant until completion of sale of the family home, save for any amount required as a deposit on the purchase by the applicant of a property as a home in which case the amount required may be released to the conveyancing solicitors for the vendor of such property.

Hello Neil

Thank you for your response.

Please accept my apologies for my delay is responding to you whilst I have been unavailable.

The order is clear that the houses should be sold forthwith. A delay does not benefit you and your ex needs to comply. You need to enforce the order that you have by sending an application notice to the court explaining the non compliance.

Let me know if I can assist further

Kind regards

Caroline

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Customer: replied 3 months ago.
Thanks Caroline