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Selling house following divorce

Margimc
Posts: 3 Newbie

I have recently attended court for a financial dispute resolution as part of my divorce settlement.
The court order states that the family home is to be sold and the equity be paid to me.
Prior to attending court a form e was completed were both parties put down the value of the property, we both put down what we thought was the amount it would be valued at, neither party arranged an actual valuation to try and keep costs down.
I have now had an estate agent value the property and they have quoted the value to be 25k more than anticipated.
My problem is that my ex will not sign to agree for the sale to go ahead at that price, he wants it sold at the lower price! Basically, he would rather someone he has never met have the house for a lot less than it’s current value than have me and our 2 children have it.
He is saying that as the papers sent to the court showed the lesser amount then we are bound to sell the property for that amount. Can anyone give me any advise as to whether that is the case.
I cannot afford to go back to court and if I do and the judge awards the decision to my ex I will have to cover his court costs also.
The court order states that the family home is to be sold and the equity be paid to me.
Prior to attending court a form e was completed were both parties put down the value of the property, we both put down what we thought was the amount it would be valued at, neither party arranged an actual valuation to try and keep costs down.
I have now had an estate agent value the property and they have quoted the value to be 25k more than anticipated.
My problem is that my ex will not sign to agree for the sale to go ahead at that price, he wants it sold at the lower price! Basically, he would rather someone he has never met have the house for a lot less than it’s current value than have me and our 2 children have it.
He is saying that as the papers sent to the court showed the lesser amount then we are bound to sell the property for that amount. Can anyone give me any advise as to whether that is the case.
I cannot afford to go back to court and if I do and the judge awards the decision to my ex I will have to cover his court costs also.
0
Comments
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Get more estate agents round to value it and don't forget in the current climate you'll be lucky to get asking price so assume a selling price lower than the asking priceThose who risk nothing, Do nothing, achieve nothing, become nothingMFW #63 £0/£5000
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Why on earth did you not get free market appraisals (as opposed to paying for a Valuation) from several estate agents before going to court?
I'm no expert but think your options now are
* negotiate with your ex and agree to market /sell at a higher price. I suggest you offer to pay him half the increase in value. That way he has an incentive to agree.
* go back to court with several (3+) market appraisals and/or pay for a Valuation
* put the property on the market at the price agreed with the court, but make it clear both to the estate agent, AND in the marketing literature, that it is priced for a quick sale and so no offers will be considered below the asking price. Instruct the agent, in writing, not to pass you offers below the asking price (otherwise by law they have to).0 -
If you live in an area where properties are currently selling well, put it on the market at "offers over" the lower price. That should create a bidding war.
Meanwhile, arrange (via your respective solicitors) to hand over to your ex 50% of any additional amount you receive. You will still receive more than you originally expected, and he will get some cash to comfort him for losing the court case.
If you live in an area where properties are only selling at a substantial discount, then even if you put it on the market at the higher price, you will probably then have to drop it by £25,000 to sell it. So you might as well put it on for the lower amount in the first place and achieve a fast sale.e cineribus resurgam("From the ashes I shall arise.")0 -
Two answers, both the same, both right. Share the gain with your partner. Why would you not do this. You got the whole house after all, are you not prepared to allow him a dime?0
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