Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
I've been divorced for almost 4 years now. I've been living in the marital home since then and pay the mortgage. My ex wife who coowns the home lives in her own home (rented) with her new partner.
As part of the divorce settlement it was agreed the house would be sold and the profit split 50/50.
It took almost 3 years to find a buyer and we were few weeks from exchanging contracts when suddenly my ex emailed our solicitor citing she wanted to pull out of the deal. Her reasons was that she felt it was the wrong time to sell and that property prices will rise by 20% over the next 5 years.
I am desperate to sell and move out. Also I cannot afford to buy her out.
I'm not sure what to do. She is unwilling to back down and doesnt give timelines of when she wants to sell. I dont want to wait 5 years in the hope that property prices rise.
I feel like im being held prisoner in a house I no longer wish to live in.
Can I take this to court and enforce the sale in 2021? I mentioned this to my ex and she threatened that if I did that she will seek to vary the order and get more than the 50% share we agreed. She has our 8 year old son and feels she can get more.
I'm not sure what I can do. I'm desperate to sell and I cant buy her out.
Any advise or tips appreciated. If the only solution is court I would be grateful if someone goes through the process. If there's an alternative to court let me know that as well.
Thanks.
When getting advice it would depend on how much equity is in the house if sold. What would be left over?
If sold we would get 80k each
I would go back to court and let your ex know you will be doing this . You will be ensuring house will be sold and will be seeking costs against herself . Let her know until she has until end of this year to respond and that she is being obstructive. From what you have written she just wants u to sell now if u pay her half on the value of sale price + 20 %
on top , or make u stay their 5 years and carry on paying the mortgage which also favors herself.
Courts is likely to be best way forward and seek costs due to her unreasonable behaviours
I presume there is still a mortgage and I'm guessing you are paying it. You could consider speaking to the mortgage company about your position - if you stayed where you are, but switched to interest only, it would be a lot cheaper for you, and you are then no longer paying into your ex's equity. If your ex doesn't agree to that, then you could simply stop paying the mortgage and the mortgage company will eventually force the sale - there will be additional costs imposed by them, but that could be offset by not having to go to court, and those costs would also reduced your ex's equity, so she'd lose out too, which might prompt her into action.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.