Options for ordering/enforcing a sale

dreadhabib

What was our family home is now for sale. My parents are divorced and have become co-owners of the property.

Dad remains at the property, covering mortgage payments and bills etc; but is desparate to get out asap.

It has been on the market for 6 months, having been reduced (started at £240k, now £230k) - and there have been 45+ viewings! A sensible offer has been tabled of £210k and taking into account the number of viewings and lack of other offers, this is of course worth taking...

However, whilst Dad would accept £210k - my mother will not and she is not willing to consider it.

Dad would reduce the property happily but mum will not have this. She wishes to place it on the market at the same price, with a second agent instead...

Mum has also hinted at her new partner buying dad out; but this appears to be empty promises - or they don't see the need to view the property or explore this option urgently!

Therefore; what options or powers are there, in which the above could be resolved - as dad is effectively trapped in the property!? As it's obvious it's not going to sell near the marketing price...

Is it feasible for dad to state to mum for example, a deadline that her new partner must view the property and begin the buyout process by, before X date or a court order will be applied for to sell the property!?

Is it feasible for a court order to be applied for in any case, ruling that the property must be sold say by auction etc!?

Any help or guidance which could be provided would be much appreciated. I understand this is a slightly long-winded enquiry - but it's a bit of a complicated scenario and I'm keen to try and get the property dealt with asap!

Annisele

It's unusual for a divorce settlement to say both parties should remain co-owners of the marital home when there are no children involved. Has the financial settlement part of the divorce been finalised? If not, your Dad needs to go back to his solicitor and get that sorted.

Edit: I know you're their child, but I'm assuming that you're an adult-child rather than an under-18-child.

moneyistooshorttomention

Your dad is likely to feel more pressured about getting the situation sorted out than your mum - given that he is the one living in the property concerned and will therefore be keener to "move on" (quite literally in his case).

Isn't it worth at least giving it a shot with a different estate agent for a couple of months and see if a better price can be achieved? £20,000 is a big drop on the asking price and an even bigger one if looking at the original asking price.

Also wondering when most of those viewers came in - was it the case that it was only a trickle of viewers before the asking price reduction and that reduction was only made quite recently and most of the viewers have come along since then?

I'd think it worth to give it a go for 2/3 months with a new agent at the £230,000 price personally and see what happens and if your parents are still only getting such low offers then maybe someone would get a £20k off bargain at that time - but I wouldn't give up hope of a decent price for the place just yet if possible.

vuvuzela

moneyistooshorttomention wrote: »

Your dad is likely to feel more pressured about getting the situation sorted out than your mum - given that he is the one living in the property concerned and will therefore be keener to "move on" (quite literally in his case).

Isn't it worth at least giving it a shot with a different estate agent for a couple of months and see if a better price can be achieved? £20,000 is a big drop on the asking price and an even bigger one if looking at the original asking price.

Also wondering when most of those viewers came in - was it the case that it was only a trickle of viewers before the asking price reduction and that reduction was only made quite recently and most of the viewers have come along since then?

I'd think it worth to give it a go for 2/3 months with a new agent at the £230,000 price personally and see what happens and if your parents are still only getting such low offers then maybe someone would get a £20k off bargain at that time - but I wouldn't give up hope of a decent price for the place just yet if possible.

£20K off may not be a 'bargain', we have no idea of comparables to know if it was initially vastly overpriced (or not) by an optimistic agent. £210K may well be all that is achievable for the property, hence the offer.

redrosegirlie

Have you looked at wikivorce? Trust me I'm not spamming. There is an excellent divorce forum and guides there. They would certainly be able to help you with this.