divorced ,solictors and selling home hell

divorcedx

Basically i feel like giving up. 3 yrs after i walked out of the marital home i haven't got any further with the solicitor other than paying a shed load of cash for the services.

The split isn't an easy one . three children 22,21 and 16 . finally got my divorce in January this year.
the financial side is taking for ever. shes still in the martial home and in the agreement of the divorce papers the house shall be placed on the open market for sale immediately by the respondent for such a price as may be agreed between parties or in default of agreement as determined by the court. both parties shall have conduct of the sale.

she put the house on for 60,000 too much and it had no viewings . i spoke to my solicitor and we got her to lower the price by 26,000. its still too high . the estate agent had nothing to use as a guide price and seems to have just guessed a price.
well as mentioned above i did this via more solicitors letters more costs. however house went on the market end of january and priced lowered changed estate agents now on with two others and only one viewing. i sent an email via my solicitor and now shes saying " Under the terms of the Order Mrs chooses which estate agents market the property, and Mrs is to agree the price and if agreement on price cannot be reached, the price is determined by the Court. Both of you have conduct of the sale so you are both able to speak to both of the estate agents dealing with the sale"


i'm confused its as if now the solicitor is saying i have no rights to say the sale price is too high ? As it is the split is well and truly in my ex's favour @ 61 %.

hollydays

If the agent had nothing to compare it too. How do you know the value?
I do know someone who didn't want to sell the marital home and put it up overpriced for that reason. The estate agent did get fed up of it in the end.

divorcedx

going via the zoopla guide line. At the lowest of the zoopla guide line its almost 80,000 over priced , that's at the price it is on now

hollydays

So presumably it's an individual type property that's hard to put a price on? Lots of people make the mistake of thinking they are going to make a killing . I'm sure the agent could have looked at zoopla..

Caroline_a

Who is paying the mortgage?

pmlindyloo

Unless you can talk to your ex about this then you are going to have to go through your solicitor.

It seems that you have reached stalemate with this so to keep costs down I suggest that your solicitor writes to your ex saying that you wish for an independent valuer to value the property.

If she doesn't agree with this then you will have to go back to court and ask the judge to appoint an independent valuer. This is likely to cost much more than if you do it between yourselves.

The court could also order that your ex moves out and the house is offered for rent.

It is really a case of offering enough options for your ex to choose the least expensive and least disruptive.

Even if the independent valuer's valuation is more in accord with what you think it is worth there is still no guarantee that it will sell.

Is your ex. paying the mortgage or you or splitting it?

I think you may have to be prepared for a long wait if you and your ex. can't agree.

Have a read of this link about independent valuers:

http://www.kemptoncarr.co.uk/2015/02/19/matrimonial-disputes-a-surveyors-perspective/

divorcedx

i bought the house out right with my inheritance

BrassicWoman

move back in to give her an incentive to sell

divorcedx

this is by no means an amicable divorce. Over my dead body would definitely be said by both parties the one thing we would both agree on.

BrassicWoman

if it were amicable, there would be no point in moving back in! If you want a sale, you have to make the alternative less comfortable. How can you do that?

paddy's_mum

Zoopla can be, and frequently is, wildly wide of the mark and in your shoes, I would not be trusting it to give me an accurate figure.