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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3118
Experience:  LLB (Hons)
96947008
Type Your Law Question Here...
SASH_Law is online now

I bought a house with my then husband in 2017. In 2018 (11

This answer was rated:

I bought a house with my then husband in 2017. In 2018 (11 months later) he moved out and stopped contributing to the mortgage, bills etc. I didn’t get a penny from him. I now want to sell the house and he is refusing to sign the contract because he said the valuation is too low. It’s actually about £10,000 more than I was expecting so I’m happy with it. I have a restraining order against him so I can’t talk to him directly so it’s all going through my mum. What can I do?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Our divorce was finalised in May this year but the financial settlement hasn’t been sorted yet. Nothing gone through the court.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I’m in East Yorkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he is also arguing about how much he is entitled to from the sale so I’d like to know where I stand on that too

Hi, I'm Lea

Was there a deed of trust made when the house was bought specifying the split other than 50/50?

Are you planning to make a financial application to settle the marital finances?

Customer: replied 8 days ago.
No deed of trust made. I will be making a financial application

Given the difficulties you are experiencing with your ex, it is unlikely you are going to come to an agreement, so the next option you would normally have would be mediation (which is a requirement before applying to court), however as there is an injunction in force, you are not obliged to do this and can therefore make your financial application to court without any further delay.

The court will decide on the split of the property according to each party's needs and the factors as listed in s25 of the Matrimonial Causes Act 1973 (google it so you can read the full list). You can put forward your case for wanting more than 50% to the court - as per the above, the court will consider the needs and factors.

Customer: replied 8 days ago.
Is there any way of making him sign the contract so I can sell the house? He hasn’t lived here or contributed to it for 2.5 years but he’s actively blocking me selling it

Court is the method if he will not do so of his own accord.

Customer: replied 8 days ago.
Ok thank you

You're very welcome.

All the best.

SASH_Law and 2 other Law Specialists are ready to help you