PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Don't want to sell my house

Options
2

Comments

  • glasgowdan
    glasgowdan Posts: 2,967 Forumite
    First Post First Anniversary Combo Breaker
    Options
    How much difference on what value of house?
  • chappers
    chappers Posts: 2,988 Forumite
    Options
    G_M wrote: »
    Not sure how OP can find out.......

    Proceed the offer she can still pull out at any point up to exchange, as the vendor her initial solicitors cost would be low, not to mention they would be split with her ex.

    Though not sure why he would want to set her up with a non proceedable fake offer, when he has already turned down a 50% split.
    As said if this offer is proceedable then you probably have to up your offer to match the other offer, less costs.
  • HouseBuyer77
    HouseBuyer77 Posts: 961 Forumite
    Combo Breaker First Anniversary
    Options
    Ultimately he does own half the house (I assume) and if he forces a sale via the courts he's entitled to receive market value for his share (effectively whatever it can be sold for).

    However if there are children in involved that may alter things. Not something I know a great deal about but the judge might order the house cannot be sold until the children reach a certain age.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    HouseBuyer77 wrote: »
    Ultimately he does own half the house (I assume) and if he forces a sale via the courts he's entitled to receive market value for his share (effectively whatever it can be sold for).

    However if there are children in involved that may alter things. Not something I know a great deal about but the judge might order the house cannot be sold until the children reach a certain age.



    Not his kids though, so less of an issue. As long as she gets a fair share, which it sounds like she will.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    chappers wrote: »
    ....
    Though not sure why he would want to set her up with a non proceedable fake offer, when he has already turned down a 50% split.
    ....
    Perhaps in the hope that she'll then up her own offer to him, wanting to keep the kids in the family home?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Options
    In short: The house is worth more than you're prepared to pay. Either match the offer and stay or sell the house and move.

    If it's worth more, why should he accept less than his "fair share"?
  • chappers
    chappers Posts: 2,988 Forumite
    Options
    G_M wrote: »
    Perhaps in the hope that she'll then up her own offer to him, wanting to keep the kids in the family home?
    Possibly, if you're all willing to play the game of bluff and counter bluff, sometimes a bird in the hand and all that. dangerous game to play on both sides if you ask me.
    Accept the offer then and see if the buyer comes forwards with proof of funds solicitors details etc.
  • HouseBuyer77
    HouseBuyer77 Posts: 961 Forumite
    Combo Breaker First Anniversary
    Options
    Comms69 wrote: »
    Not his kids though, so less of an issue. As long as she gets a fair share, which it sounds like she will.

    Is that the case though?

    As I understood it such orders (delaying a forced sale) are made to protect the children (to avoid disrupting their education etc). If you consider forcing a child to move from their home a major disruption to be avoided than that's the case whether or not it's the father or someone else forcing the sale.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    HouseBuyer77 wrote: »
    Is that the case though?

    As I understood it such orders (delaying a forced sale) are made to protect the children (to avoid disrupting their education etc). If you consider forcing a child to move from their home a major disruption to be avoided than that's the case whether or not it's the father or someone else forcing the sale.



    Not by my understanding, it's no different to a repossession by either a landlord or a lender.


    Having a child only offers so much protection. I believe the issue comes into it when someone with parental responsibility attempts to force a sale.
  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
    Options
    As I understood it such orders (delaying a forced sale) are made to protect the children (to avoid disrupting their education etc). If you consider forcing a child to move from their home a major disruption to be avoided than that's the case whether or not it's the father or someone else forcing the sale.
    It's not as black and white any longer. Most judge will now consider whether the resident parent is in a position to offer an acceptable alternative accommodation so the children can remain in their school, and even then they will take into consideration age.

    So say OP's house is currently a 3 bed detached in a top area, but with the preceeds of the sale and her income, she could afford a 3 bed terraced (or even two bed if 2 children of similar age/same sex) in a not so nice area but that would mean they could still commute to their school, then a sale would be much more likely to be granted.

    However, if the house is already a two bed terraced and OP wouldn't be in a position to afford to buy a similar property, then it is more likely that a judge would grant her to remain in the property, although the fact that the children are not his and he therefore has no responsibility towards them would be another consideration that the judge would have to take into account.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards