Court Order to Sell Property

jamiehelsinki

The op says ex partner not ex husband so I would have thought 50% would be pretty standard for a shared property split.

If it's been on the market for a while and not had offers at the asking price or reduced asking price then it's not worth those amounts!

KRB2725

If selling at £185 would mean you each receive circa 17K once fees are paid, would you bad able to raise 17K so that you could buy him out?

Guest101

I cant believe some of the advice saying delay, delay, delay.


You are living in the house from my understanding, so you have already benefitted from this situation.


To answer your question - yes, he can go to court and get an order giving him the sole selling rights to the property.

DavidP24

emmatthews wrote: »

If selling at £185 would mean you each receive circa 17K once fees are paid, would you bad able to raise 17K so that you could buy him out?

GREAT ADVICE!!

Guest101 wrote: »

I cant believe some of the advice saying delay, delay, delay.

You are living in the house from my understanding, so you have already benefitted from this situation.

To answer your question - yes, he can go to court and get an order giving him the sole selling rights to the property.

Not so great advice, other that stating the obvious, that he COULD go but would need to present grounds.

I have always found that when people try to rush the signing of things it is best to delay, till you see the whole picture.

Emma's idea is actually better

The ex is prepared to accept that valuation, so the OP offers to buy them out at the money they would have had. Is a classic way to call his bluff if there is an associate involved.

So what if she has been living there and "benefited" completely irrelevant, splits are never pleasant but why be like this, just makes the other side want to get back at you.

It is unreasonable to expect partner to take a hit financially because you can afford less, is also a substantial difference.

Properties often do not sell because agents are lazy bunch, especially if they have sole agency agreement or are just useless.

Guest101

DavidP24 wrote: »

GREAT ADVICE!!





Not so great advice, other that stating the obvious, that he COULD go but would need to present grounds. - Ofcourse, but the OP needs to know what may happen. Cant just delay indefinitely.

I have always found that when people try to rush the signing of things it is best to delay, till you see the whole picture. - The whole picture?

Emma's idea is actually better - I agree, if the payout is simply £17k, it's worth trying to raise that

The ex is prepared to accept that valuation, so the OP offers to buy them out at the money they would have had. Is a classic way to call his bluff if there is an associate involved.

So what if she has been living there and "benefited" completely irrelevant - not really. She's benefitting from having the property. The ex clearly needs finances to get their own , splits are never pleasant but why be like this, just makes the other side want to get back at you.

It is unreasonable to expect partner to take a hit financially because you can afford less, is also a substantial difference. - is it? or is it overpriced?

Properties often do not sell because agents are lazy bunch, especially if they have sole agency agreement or are just useless.

Yes because agents make money by not selling property......

TBagpuss

"such price as may be agreed between the parties or in default of agreement determined by the court. " - so he is perfectly entitled to go back to the court to ask the Judge to determine the price.

it's irrelevant whether or not your share pf the equity will be enough for you to buy a new place, the issue is whether the offer being made is a reasonable one.

I would suggest that you start by speaking to your agents, about the level of interest, what they recommend to market the property more effectively, and whether they have a view on the current offer.
Look at ightmove and zoopla to se what other properties are selling or. It may be that the original asking price was too high, for the property and the condition it is in, and that the current offer is a more realistic reflection of the real value.

On the other hand, it could be someone trying their luck.

If your ex takes it back to court then the Judge would have to determine whether the offer was a reasonable one, s those are the sorts of questions she would be asking.

It may also be worth getting other agents to look at the property, and to think about suggesting that you change agents.

Ultimately, a court does have the power to make an order allowing for transfer and other documents to be signed by a Judge on behalf of an owner who is failing to cooperate, but it would not usually be the first step.

Be aware that if the case goes back to court for enforcement then your ex could claim costs from you, so do get some proper, professional advice before you decide your next step, not doing so could end up being *very* expensive.

If you are confident that the offer of £185K is too low, then provide evidence in support of that - details of other, genuinely comparable properties which are selling for ore, advice from a new agent about realistic sale prices, maybe even a suggestion to your ex to get a survey yourselves to clarify whether there is an underlying issue with the house which is affecting the value.

rpc

Guest101 wrote: »

You are living in the house from my understanding, so you have already benefitted from this situation.

Both owners benefit because the property was secure and regularly monitored, heating was on (and checked) to stop pipes freezing. Tidying, cleaning and minor maintenance has presumably been carried out...

Residence is neither here nor there when considering the selling price.