Court or continue with mediation?

Pipsqueak71

When do you draw the line under mediation and move to court. Ex wife is refusing to sell the house and proposing a 60/40 split and pay me the balance in 3 years when our child turns 18. In order to do so she has to get a mortgage and in addition get an interest of charge to me against the property for when balance is due. I fail to see how she can achieve this and we keep going back to mediation. I am joint on the deeds and proposing shared custody of our daughter. Without a good proportion of the house which I have invested in highly I cannot buy a property. 

Voyager2002

What does your solicitor say?

Since we don't know your ex-wife's income we have no idea whether or not she will be able to get a mortgage. Your solicitor could perhaps write to her requesting that she show her mortgage offer, or at least a letter from a mortgage broker saying that she is likely to be able to borrow the required amount.

Again, we don't know whether a court is likely to grant joint residence (we no longer talk about child "custody") nor whether the other two members of your family want this to happen. Obviously this will make a big difference to decisions about the property.

What I do know is that if you go for a court fight and seek a court order for the house to be sold, the legal costs will be roughly the same as the proceeds from the sale, so you will both lose. Whatever mediation leads to, it has to be better than that.