Offer accepted on house but the Sellers situation is a bit unusual

Bradyle

Hello, myself and my partner found a house we liked and put in an offer. At that time we were told that there was a bit of a messy divorce situation but we weren't too concerned.

After some negotiation our offer was accepted (yay) however we found out the messy divorce is actually something a bit more complicated. Simply the house is completely in the wife's name, the court has ordered the house sold with the money being split between the wife and husband. I'm not sure what split was agreed but whatever it was the husband wasn't happy with it and appealed however the appeal failed.
The husband is now refusing to leave the house and the wife is mentioning potentially getting the courts to remove him, he has also locked some of the rooms and refusing anyone access to them.

Myself and my partner are currently renting a cheap apartment which has a 1 month rolling contract so we don't particularly mind an elongated process.
However we are worried about our ability to actually apply for the mortgage. Our broker raised a concern that if we get approved for the mortgage we will have to pay the valuation fee, if the surveyor then cant get into some of the rooms he will consider it a failed survey and reattempt it at a later date. The worry is we could end up with god knows how many failed surveys if the husband sticks to his guns and refuses to move!

The estate agent is now asking for our conveyancer details, but I am worried about giving them the instruction to start the searches when this is such a precarious situation. Ideally I would like to pause everything until the guy is out of the house, but I don't really know if that would be an option.

Im sure most of you will advise us to run away from the situation, but the house is priced really well because of the sticky situation (and also its proximity to an A road). We really cant afford anything near the size of this in this area so that's why we are still keen for the house.

Im just wondering if anyone has any thoughts or advice on the situation and what would be the best way for us to proceed.

Thanks

ViolaLass

Tell the wife the deal is off unless she gets the husband evicted first.

Why is she faffing about 'considering' going to court? What other option is there?

foxy-stoat

I would put it to the Estate Agent - is their client in a position to move forward or not?

Sounds like the owner of the property doesn't have vacant possession.

hazyjo

You don't want to hear it, but find another house


If in the meantime this one actually becomes available, then go back to buying this one (presuming you've not found another).


Maybe speak with a solicitor who can run through the legalities with you as far as what the husband is still actually entitled to. If they haven't actually come to an agreement yet, then this could drag on for god knows how long...

AnotherJoe

I agree, wife needs to take legal/court action to have husband evicted. Don't do anything until that's been done.

Go via the EA to make wife aware you will wait but you wont be proceeding until husband is gone.
End of the day its not just you, the wife wont be able to sell to anyone until this happens so she'll still have to start proceedings even if you walk away.


p.s. In the meantime, start looking elsewhere.

Flugelhorn

agree with the
1) tell them you won't proceed on purchase until husband evicted
2) start looking for somewhere else

lookstraightahead

Walk away. I got divorced. They will play games for years

Nobbie1967

It's a catch 22 situation, you have a low offer accepted because of the complications, but you can't proceed with the purchase until those complications are sorted out.

Chances are that once the complications are sorted out, they will re-market it at a higher price to keep the husband from claiming it was sold under value.

Bradyle

Thanks for your help everyone, turns out the husband doesn't mind any surveys as long as he can be there when they happen so it might not be a complete disaster.

We are still being cautious as we go forward and expect it to be drawn out but as long as both parties stay reasonable hopefully we might actually get the house

PasturesNew

If you're buying and hear the word "divorce" be on your guard. If things take a turn for the worse, pull out. Yours is taking a distinctly nasty turn for the worse. You're caught in the middle of their divorce ... and they don't care who gets hurt in their fallout.

Pull out if you can find something else.

hazyjo

Well just be very careful what you pay out. Mortgage fee, etc. Pick a low one so you don't lose too much if you have to start again.