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Buying from divorced couple... She is not happy!

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  • mlz1413
    mlz1413 Posts: 3,025 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you love it and can put up with some time wasting then its worth trying. But I'd have this conversion with the wife during a viewing so that she is aware you know the issues she could cause and can see that you intend to buy.

    My mum bought a shared ownership house years ago, the tenants hadn't paid any rent for 2 years and the house was being sold from under them, they made viewings awkward, as in the husband worked shifts so wouldn't be in or the wife would say you can't go into the bedroom he is sleeping plus the house was always a mess, but as long as the EA have keys and the EA views with you just ignore the bitterness and don't let it affect you.

    I'd have a chat with a solicitor about what clauses can be written in and I'd buy it expecting nothing to be left in it - then you won't be disappointed if nothing is in it!
  • The second possible thought is a bit of "bribery" to the wife. As in - paying her a personal visit and saying that you know how things stand and will pay her personally a certain amount (ie over and above this fixed amount she is expecting to get from the house sale) provided she doesn't hamper things in any way.

    I would certainly be tossing up as to which of those two options would be the best one - pressure on hubby to deal with this or bribery of her.

    You know the circumstances better than we are to judge that one...
  • mark5
    mark5 Posts: 1,364 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It wouldn't put me off buying if I was getting the house for a good price, the fact the estate agent was instructed and you got to view in the first place says she's sort of accepted the house is being sold.

    I would just make my solicitor aware of the situation and make sure the husband is aware of her behaviour and ask if he can be there for 2nd viewings, survey etc so that access is available.

    If the house is one of many similar ones for sale at the same price I might then think twice about buying.
  • Divorce problems are one of the more notorious reasons for house transactions falling through. You can't always assume that either party is actually compelled to sell yet, even if it's part of the agreement (that follows later as an order for sale), and I've even seen divorcees get back together in the middle of the process! Although plenty more sales go through than not, I really think you should bear that in mind given everything I'm about to say.


    If you are in rented accommodation, not fixed to any timetable and braced for potential hassle then it may well be worth persisting for a great property. Divorce sales are not 'run away' situations by default, unless perhaps you are in a chain that expects to move or risk-averse.


    By hassle, I mean either delay or failure to exchange - possibly costing you a proportion of surveyor, mortgage and lawyer fees - or delay to complete (highly unlikely you would not get a completion if you exchange, but might have to pay the lawyer a bit more to start the enforcement process).


    It's not normally necessary to impose a timetable with your offer, because an offer is never binding anyway, but if you want to make the point at the outset, you can do so. Mostly people assume a transaction will proceed and start to talk about deadlines when it starts to drag, but there isn't a code of behaviour as such.


    Just be aware that if a reluctant occupant knows you will back out after 10 weeks and believes that they can string it out for 12, they might go for it with conviction. And it's quite possible for even 'normal' property sales for things to drag on longer than 10 weeks - what happens if you find an issue on your side, such as a lender problem, that takes longer than this to resolve?
  • Wassa123
    Wassa123 Posts: 393 Forumite
    Pull out.

    Happened to us. They dragged their feet. We ended up paying for surveys etc and then they ended up pulling out
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hell hath no fury like a divorced woman's sense of entitlement over the house....
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    I would start looking around again, but because you really like this one, keep it one going because it may still happen. I absolutely would not try to "bribe" the wife as suggested by another poster, that could go horribly wrong, she might get the idea she can extort more money from you or from other other buyers.
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