Can I Force My Ex To Sign a TR1 Form

[Deleted User]

As I write this I realise that it is futile. Think I will just hand it back to the bank actually and he can owe them money as I will disappear. Remember why I divorced him now Ha!

Exodi

Are you perhaps the partner of Patterson999?

https://forums.moneysavingexpert.com/discussion/6347874/property-valuation-in-transfer-of-equity

[Deleted User]

No because he is quite welcome to get his own valuations as I already said, but he won't.

He is banking on the court forcing me out.

He would rather that happen and have nothing than arrange his own valuations and agree a price and take the money.

He is a narcissist you see.

He spent all his money during the divorce (About £25 000) on an expensive firm of solicitors - he wanted custody of the children for all of the money then he changed to 50% custody for 50% when he knew that was a non starter  The children were bargaining tools to him and went bankrupt in the end as he had no money left to pay off his credit cards. He has to win, even if he loses. 

Google his Vengeful-Father-Syndrome by 

Coral Anika Theill

and you will see him described. 

deannagone

I think you are better off taking this to a solicitors.  We are just people on a forum, for obvious reasons we have no access to divorce or court case paperwork.  Even one or two appointments would give you some idea of your options.  Or you could try the wikivorce website. https://divorce.wikivorce.com/

But..  there are bound to be negative feelings due to what has happened between you two.., I suspect this is colouring your planning/decisions as well as your ex's.  Its been 14 years, the house needs vital maintenance.., and it hasn't happened.  Sometimes without realising it, we can put problems in the way of solutions. Sometimes we can help ourselves to become victims, inadvertently.  I use the drama triangle to look at things I do now when I suspect I'm adopting a victim role.  

[Deleted User]

Thanks guys! It's been very educational. 

TripleH

I agree with deannagone here.

Because of a previous court order and your description of his likely behaviour, it is better for you to do things the procedurally correct way to minimise any possible fallout on you.

Just upping and abandoning the property might not be as simple as you think, I suspect you would have to formally surrender it otherwise you are likely to be hounded for any perceived shortfall (I don't know the best course of action here).

Sistergold

I think best carry on with the solicitors and let the courts decide. Good that you have raised your children so that’s one accomplishment done. Best put feelings aside, stay calm and finalise this past chapter of your life with him. Yes one will always be reminded of why the marriage broke down in the first place, always more bridges to cross to make life better. 

TBagpuss

It sounds as thoug hthe issue is the value of the property. Either of you can apply to the court, the court can order a sale - if  the property is marketed and you get an offer, then there is nothing to stop you then saying that you will buy him out at the same figure.

You can ask the court to make a finding as to the value of the property- and declare that you can buy him out at that value - if at that stage he says he wants to get proper valuation from  a surveyor then you can ask the court to direct which valuer should be used, a timescale, and provide that if he he fails to sign the joint letter of instruction by [specific fate] that value shall be deemed to be the mid point of the values already obtained.

Ultimately a court can make an order providing for a TR1 (or other documents) to be signed by a Judge (or sometimes by another third party, such as the conveyancer) in his place, if they are satisfied that this is necessary. because he is refusing to sign.

Definitely worth speaking to a solicitor - it may make a difference to things such as Costs - if you can show that you have made an offer buy his interest at fill market rate and that you have offered to share the costs of getting a formal valuation to agree the open market value but he has chosen not to do so. (for reference, you wouldn't normally get three valuations - you'd typically try to agree a value based on 3 (or more) estate agents valuation, then if that can't be agreed, would get a single, formal written valuation from a surveyor / valuer, on the basis of joint written instructions and on the basis that they are being instructed as a single joint expert - normally this means you no both pay half of the fee and that you both agree that you will accept the valuation.  Often this is done one the basis  that one party provides the names of three valuers and the second party picks which of them should be used.

SuseOrm

This will be a five minute conversation in front of a judge the judge will take the middle valuation and order that it is sold for no less than that value.  225 quid do it yourself honestly get on with it.