divorced ,solictors and selling home hell

Mandy278

Hi, I am hoping someone maybe able to assist me or maybe point me in the right direction please.

My husband left our house in February last year never to return! Although I did eventually find out where he was, he moved again and have been unable to locate him since. The women he moved in with denies he is living there still. I also believe he has changed his surname to hers. Whenever I have found him he states he will not sign anything and will not agree to a divorce, why I do not know?!

My problem is is that we own a property. I have been told that once I start divorce proceedings I can obtain an Order for Sale.

I have always paid the bills and mortgage on this property and ideally I would like to stay here with our son as the house is in negative equity and there would be no benefit to selling.

I am not getting any assistance and obviously no money from him and have been told this can be very costly.

therefore any advice would be greatly appreciated.

Thanks.
Mandy

Caroline_a

Hello Mandy - it would be better if you could start your own thread rather than hi-jacking this one, particularly as it's quite a new thread.

Mandy278

Sooo Sorry I was looking for a forum on marriages/divorce etc and this one was entitled that almost. But obviously do not want to "hijack" a discussion about the subject I was looking for. Will start my own and hope someone with parking wars attitude can assist

TBagpuss

divorcedx wrote: »

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 %.

In the first instnace, talk to the agents. Ask them whether they consier that the price should be reduced, and ask them specifically about feedback from any viewings.

Ifthey say that they would not recommend reducing it, then ask them how soon they anticipate it will be sold and what, realistically, they think it will achieve.

it is in their interests tfor the proepty to sell, as they don't get paid unless and until it is, and if you are looking to convince either your ex, or a judge, to lower the price, you need hard evidence that the current price is too high.