Being bought out of my house

sal_III

ST1991 wrote: »

At the moment there is no grounds for divorce, so we have to wait 2 years separation - but i cannot wait 2 years to sell the house. We both don't want to take this to court, and im trying hard to be civil but it's difficult!

Unreasonable Behaviour
Unreasonable behaviour is now the most common fact on which to prove the ground for divorce in England and Wales.

You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her. In an unreasonable behaviour petition, the petitioner sets out a number of allegations against the respondent. If the allegations are particularly serious, e.g. violence, then one or two allegations may suffice. If the allegations are relatively mild, for example, carelessness with money or devoting too much time towards a career, then five or six allegations may be required.

IANAL but if him kicking you out twice and you describing the situation as volatile is not an unreasonable behaviour I don't know what is...

You have the right to live in the property, if you can't because you feel physically threatened this should be enough grounds for divorce.

Why did you agree to leave the house, what do you mean by kicked you out, was there a physical violence? If so, did you report it to the police?

And stop paying the damn bills for a property you don't live in! If you have bills in your name and your husband is refusing to pay them and/or transfer them in his name, inform the utility company that you have moved out, they will contact him shortly to arrange the transfer.

Keep paying your share of the mortgage as it's different.

davidwood681

You could move back in.....it is your house too and have as much right to be there

BUT why do that if you're scared of him?

ST1991

Thanks everyone... I mentioned to him unreasonable behaviour but he won't agree that he has done anything wrong - just that things were 'said in anger' and 'how else did i expect him to react'. My mum overheard some of it as i called her not knowing what else to do, and told me i should have reported it. but i didn't, perhaps im stupid. he has now told me to stop telling everyone he threatened me (although he did...) but he has also spiralled into drinking every day which doesn't help the entire situation when it comes to over-reactions and emotions.

I really don't want to move back in, but if i cant afford it then i will have to. like you say, i have every right to be there. My friends and family don't want me back there, and i don't want to be either.

The first time he told me to leave just after i got back from a weekend away by myself (approx 30minutes after coming home). I did it because i didn't want to provoke anything.

The second time he told me to leave 'or else' for lack of a better phrase. There was no physical violence, but verbal abuse, screaming in my face, snatching and throwing my phone when i wanted to call someone, and clenched fists.
I have been back since to help finish off some of the painting to sell it, but again it ends up in arguments and i get really worked up about it.

Sorry, i really didn't want to go into all the stuff surrounding it, but perhaps it is relevant. I feel stupid for going back, and feel like a complete mug but i'm tied to it whilst it still remains my house too.

In any case - i just need to know where i stand.
I guess i cannot 'force' a sale if we don't agree on a price to buy me out?

CocoLouie

An estate agent will usually inflate the price so your husband is right to seek an independent valuation. A professional valuer will not risk their career to low ball you for your husband but if you have concerns ask that it is a random RICS valuer that is not known to him.


The value of the house is the value of the house so if you think it is too low for your liking you will be spiting yourself by refusing to settle as you will still be paying the mortgage

FreeBear

ST1991 wrote: »

I don't have the money for legal costs, so i'm going to speak to a solicitor that offers 30mins free and hopefully that will at least give me the first step up of how to handle this.

Stop paying his utility bills. That will spare up some of your money to pay for proper legal advice.

Also worth looking to see if you have a community law centre in your area - These are usually staffed by volunteer solicitors and give out free legal advice.

moneyistooshorttomention

Re the valuation too - is your house an "unusual" one in some respect?

I know I was able to figure out for myself what my last one was worth - as it was so bog-standard (ie average condition, average area, 2 bed Victorian terrace) and bingo....I just did a lot of research myself on Rightmove what equivalent houses in equivalent parts of my city were selling for and I could figure out for myself pretty much what its value was.

Am now in a noticeably smaller area - but was able to do the same thing again - ie of watching houses for sale in this area and I was able to figure out for myself whether houses were the "standard" price for that type of house in that condition in this area.

Houses that are more "unique" will be more difficult for an individual to price up for themselves.

He's clearly not going to take your word for it what the house is worth - but if it's a pretty bog-standard house then you should be able to figure out for yourself what its' worth (ie to see how accurate - or otherwise - you think any "official" valuation of it is).

ST1991

moneyistooshorttomention wrote: »

Re the valuation too - is your house an "unusual" one in some respect?

I know I was able to figure out for myself what my last one was worth - as it was so bog-standard (ie average condition, average area, 2 bed Victorian terrace) and bingo....I just did a lot of research myself on Rightmove what equivalent houses in equivalent parts of my city were selling for and I could figure out for myself pretty much what its value was.

Am now in a noticeably smaller area - but was able to do the same thing again - ie of watching houses for sale in this area and I was able to figure out for myself whether houses were the "standard" price for that type of house in that condition in this area.

Houses that are more "unique" will be more difficult for an individual to price up for themselves.

He's clearly not going to take your word for it what the house is worth - but if it's a pretty bog-standard house then you should be able to figure out for yourself what its' worth (ie to see how accurate - or otherwise - you think any "official" valuation of it is).

It may be standard for other areas, but it's not for this area which is mostly 1970's houses and victorian terraces.
It's a 300 year old, solid stone wall old mining cottage, massive rooms and quirky layout. We even have all the old deeds dating back to 1600~something on velum which could peak interest from the one person that might look for this kind of thing
The identical house next door was for sale a few months ago for 10-20K more than our estate agent valued ours, and the only difference was a slightly more up-to-date kitchen and new bathroom (wetroom installed with the intention to be used by elderly). Ours also has a bigger garden, and a large front-plot with driveway and insulated outhouses.
They had alot of interest in their house, but ended up taking it off the market due to their decreasing health.

I didn't realise everyones points about an independent valuer not being able to 'fiddle' with figures, so i feel very silly now for thinking that... i just really worry with everything he is saying and doing that he's trying to screw me over because of how things have ended.

CocoLouie

Just because your neighbour's property was up for sale at 10-20k more doesn't mean it is what they would get for it.

moneyistooshorttomention

CocoLouie wrote: »

Just because your neighbour's property was up for sale at 10-20k more doesn't mean it is what they would get for it.

I had occasion recently to check out houses for sale in a road I know well.

One was £300,000 and another was tens of thousands of £s more. The difference between them was one hasnt been updated since built (in my lifetime) and the other one is by far the one I/most others would prefer (as it's much more modern and usable in our terms) BUT they are overpricing the modernised one (errrm...by one heck of a lot more than £20k actually) and I would say it's quite obviously worth noticeably more than the nearby "same at the outset" one and knock their "modernised premium" in half. It's quite clear they have spent quite a bit of money on the modernised one and are trying to recoup it - but they have to bear in mind that "objective outsiders" won't take account of their effort to do what "they personally wanted" to it.

So £20k for a modernised version of identical nearby house would be very fair in some parts of the country - it depends where you are...

Personally I've spent probably around £40k on modernising my little 2 bedroom place in cheap part of country...and had all the hassle of "workmen here are much worse standard and much more unreliable".

martindow

As there has been threatening and coercive behaviour maybe it would be worth contacting an organisation like this


https://www.womensaid.org.uk/


or a local equivalent.


They are likely to be able to offer practical advice and support.