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    • jacknjill258
    • By jacknjill258 9th Oct 17, 11:50 AM
    • 3Posts
    • 0Thanks
    jacknjill258
    Don't want to sell my house
    • #1
    • 9th Oct 17, 11:50 AM
    Don't want to sell my house 9th Oct 17 at 11:50 AM
    My partner had an affair, left me and moved out 6 months ago and we have a joint property with a mortgage. I live here with my children (they are not his). I can afford to stay here and I want to but he rejected the figure that I offered him to buy him out. The offer was very good and he would have made a very good profit in the short time we have had the mortgage but he went to see a solicitor and threatened to take me to court to force an order of sale if I didnít put the house on the market.
    So, I put the house on the market and we have now had an offer which I do not want to accept as I donít want to move. I was hoping that there would be no interest and he would get bored and take my original offer.
    Does anyone have any advice on what I can do to stay at the property?
    Thanks
Page 1
    • aneary
    • By aneary 9th Oct 17, 11:52 AM
    • 817 Posts
    • 704 Thanks
    aneary
    • #2
    • 9th Oct 17, 11:52 AM
    • #2
    • 9th Oct 17, 11:52 AM
    Let him take you to court.

    As you have offered a good price the court will look at that, as long as it is a good offer he will be made to accept that rather than put the house on the market.
    • hazyjo
    • By hazyjo 9th Oct 17, 11:54 AM
    • 9,843 Posts
    • 12,487 Thanks
    hazyjo
    • #3
    • 9th Oct 17, 11:54 AM
    • #3
    • 9th Oct 17, 11:54 AM
    How does your offer compare to the offer you've received (remember EA's costs, etc).
    2017 wins: Opera tickets; film preview; lipstick; Ideal Home Show tickets + afternoon tea & bottle of Champagne; 2 cases of NKD; notebook; bath rack; books; film Premiere; Broadchurch DVDs; lipbalms; hamper (food/wine/Echo Dot/Jo Malone goodies); Avon lippies; cowhide rug; Windsor luxury break, foundation; Flybe flight
    • Comms69
    • By Comms69 9th Oct 17, 11:54 AM
    • 1,315 Posts
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    Comms69
    • #4
    • 9th Oct 17, 11:54 AM
    • #4
    • 9th Oct 17, 11:54 AM
    How good was the offer? 50% of equity?
    • G_M
    • By G_M 9th Oct 17, 12:05 PM
    • 42,318 Posts
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    G_M
    • #5
    • 9th Oct 17, 12:05 PM
    • #5
    • 9th Oct 17, 12:05 PM
    Unless the offer you've received is considerably better than what you previously offered your ex, turn it down (calculate te EA fees, legal costs etc).

    Repeat your offer to your ex. Or if the offer you've received is less, then reduce your own offer to your ex.

    Taking you to court will cost your ex in both time and money, and tthe court will look at both the value of the offer you've received and the offer you made your ex before eciding what to do.
    • jacknjill258
    • By jacknjill258 9th Oct 17, 12:06 PM
    • 3 Posts
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    jacknjill258
    • #6
    • 9th Oct 17, 12:06 PM
    • #6
    • 9th Oct 17, 12:06 PM
    He would be making more money on this offer
    • jacknjill258
    • By jacknjill258 9th Oct 17, 12:08 PM
    • 3 Posts
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    jacknjill258
    • #7
    • 9th Oct 17, 12:08 PM
    • #7
    • 9th Oct 17, 12:08 PM
    It was 50% of what we thought it was worth but we put the house on the market for a lot more to give it a go and now someone has offered just under the asking price which will make him a lot more money than what I was originally going to offer him.
    • Scotbot
    • By Scotbot 9th Oct 17, 12:09 PM
    • 139 Posts
    • 97 Thanks
    Scotbot
    • #8
    • 9th Oct 17, 12:09 PM
    • #8
    • 9th Oct 17, 12:09 PM
    Match the offer minus the EA commission
    • ssparks2003
    • By ssparks2003 9th Oct 17, 12:13 PM
    • 215 Posts
    • 283 Thanks
    ssparks2003
    • #9
    • 9th Oct 17, 12:13 PM
    • #9
    • 9th Oct 17, 12:13 PM
    why can't you put an offer in that is better than the offer on the table?
    • Slinky
    • By Slinky 9th Oct 17, 12:30 PM
    • 4,763 Posts
    • 20,777 Thanks
    Slinky
    Are you sure this offer is genuine and not somebody set up by your husband?
    • G_M
    • By G_M 9th Oct 17, 12:37 PM
    • 42,318 Posts
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    G_M
    Are you sure this offer is genuine and not somebody set up by your husband?
    Originally posted by Slinky
    Interesting thought.

    Not sure how OP can find out.......

    But if it IS genuine, then I can understand ex not wanting to accept a lower than market value offer from the OP.
    • glasgowdan
    • By glasgowdan 9th Oct 17, 12:42 PM
    • 2,642 Posts
    • 2,950 Thanks
    glasgowdan
    How much difference on what value of house?
    • chappers
    • By chappers 9th Oct 17, 1:36 PM
    • 2,956 Posts
    • 1,702 Thanks
    chappers
    Not sure how OP can find out.......
    Originally posted by G_M
    Proceed the offer she can still pull out at any point up to exchange, as the vendor her initial solicitors cost would be low, not to mention they would be split with her ex.

    Though not sure why he would want to set her up with a non proceedable fake offer, when he has already turned down a 50% split.
    As said if this offer is proceedable then you probably have to up your offer to match the other offer, less costs.
    • HouseBuyer77
    • By HouseBuyer77 9th Oct 17, 2:33 PM
    • 909 Posts
    • 893 Thanks
    HouseBuyer77
    Ultimately he does own half the house (I assume) and if he forces a sale via the courts he's entitled to receive market value for his share (effectively whatever it can be sold for).

    However if there are children in involved that may alter things. Not something I know a great deal about but the judge might order the house cannot be sold until the children reach a certain age.
    • Comms69
    • By Comms69 9th Oct 17, 2:36 PM
    • 1,315 Posts
    • 1,066 Thanks
    Comms69
    Ultimately he does own half the house (I assume) and if he forces a sale via the courts he's entitled to receive market value for his share (effectively whatever it can be sold for).

    However if there are children in involved that may alter things. Not something I know a great deal about but the judge might order the house cannot be sold until the children reach a certain age.
    Originally posted by HouseBuyer77


    Not his kids though, so less of an issue. As long as she gets a fair share, which it sounds like she will.
    • G_M
    • By G_M 9th Oct 17, 2:41 PM
    • 42,318 Posts
    • 49,159 Thanks
    G_M
    ....
    Though not sure why he would want to set her up with a non proceedable fake offer, when he has already turned down a 50% split.
    ....
    Originally posted by chappers
    Perhaps in the hope that she'll then up her own offer to him, wanting to keep the kids in the family home?
    • PasturesNew
    • By PasturesNew 9th Oct 17, 2:46 PM
    • 60,993 Posts
    • 356,268 Thanks
    PasturesNew
    In short: The house is worth more than you're prepared to pay. Either match the offer and stay or sell the house and move.

    If it's worth more, why should he accept less than his "fair share"?
    • chappers
    • By chappers 9th Oct 17, 2:52 PM
    • 2,956 Posts
    • 1,702 Thanks
    chappers
    Perhaps in the hope that she'll then up her own offer to him, wanting to keep the kids in the family home?
    Originally posted by G_M
    Possibly, if you're all willing to play the game of bluff and counter bluff, sometimes a bird in the hand and all that. dangerous game to play on both sides if you ask me.
    Accept the offer then and see if the buyer comes forwards with proof of funds solicitors details etc.
    • HouseBuyer77
    • By HouseBuyer77 9th Oct 17, 3:25 PM
    • 909 Posts
    • 893 Thanks
    HouseBuyer77
    Not his kids though, so less of an issue. As long as she gets a fair share, which it sounds like she will.
    Originally posted by Comms69
    Is that the case though?

    As I understood it such orders (delaying a forced sale) are made to protect the children (to avoid disrupting their education etc). If you consider forcing a child to move from their home a major disruption to be avoided than that's the case whether or not it's the father or someone else forcing the sale.
    • Comms69
    • By Comms69 9th Oct 17, 3:47 PM
    • 1,315 Posts
    • 1,066 Thanks
    Comms69
    Is that the case though?

    As I understood it such orders (delaying a forced sale) are made to protect the children (to avoid disrupting their education etc). If you consider forcing a child to move from their home a major disruption to be avoided than that's the case whether or not it's the father or someone else forcing the sale.
    Originally posted by HouseBuyer77


    Not by my understanding, it's no different to a repossession by either a landlord or a lender.


    Having a child only offers so much protection. I believe the issue comes into it when someone with parental responsibility attempts to force a sale.
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