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Hi
i need some help !!
i have now been granted my absolute - the divorce granted as a clean break and the courts have ordered that the house be sold and to be shared 50/50. the house was marketed at 210k with equity at 120k but since the court decision the housing market has droped and i have had no viewings. i have since been able to get a new mortgage and have offered my ex wife 45k by doing this it is cheaper for me to stay in the house than it is to rent it will also provide a long term home for my 4 children. my ex believes that there is the 120k in the house but there is not and my offer is as near to what she will end up with anyway
the problem i have is my ex wife is refusing my offer unless i agree to the following conditions she wants a charge of an additional 30k should i
1. co-habitate 2. re-marry 3. sell the house 4. die - i have said no to all of these the problem lies that should i not agree on the sale of the house her solicitor has said they will take me to court - i am determind that my offer is fare and in the best interest of the children and am willing to go to court
she has now come back saying that she will take my offer with a 15k charge
while all this is going on she is moving into a 4 bed private rented house at 1350 per month not bad for a single mother who does not work ( how is she able to afford this she ia also buying new furniture)
am i ok to stick to my guns
Dude why not get 3 estate agent to send you a written valuation and then get your solicitor to write to her and her solicitor showing the values of the house within the current market. You could then go with the middle or top price. Surely she can't disagree with that!?!?!
thanks
but at the end of the day i want to stay in the house and i think my offer is fare and will benifit the children long term. the offer is the max i can give her.
so by refusing all offers on the house is the only way i can show her my intensions i have nothing to loose (or have i ) and every thing to gain
the problem i have is my ex wife is refusing my offer unless i agree to the following conditions she wants a charge of an additional 30k should i
1. co-habitate 2. re-marry 3. sell the house 4. die - i have said no to all of these the problem lies that should i not agree on the sale of the house her solicitor has said they will take me to court - i am determind that my offer is fare and in the best interest of the children and am willing to go to court
What a witch - seems like she is trying to make you pay for getting you life back (or losing it 😮 ). I would suggest get the house re-valued by three different people and let her see the valuations. It was supposed to be a 50/50 split, sounds to me like she is trying to profit at your expense. As long as your offer is a fair reflection of 50% the equity remaining in the house then that's a fair deal. I know in the long term the value of your house will go up again but after you have bought her out she should have no claim on it after then. I guess it depends on whether you want another battle or if there is an amount that you would be willing to pay her to get her shot from your life (5k ?? 10k ??). Whatever is easier for your sanity I guess.
You need to speak to a divorce lawyer on this. As far as I know, a court can force the property to be sold, but I don't think they can force your ex to accept an offer from you, but a solicitor would give you the full information on this. It would be worth raising the question of mortgage payments and other expenses on the house - in theory, assuming both of you are on the mortgage, she is jointly liable for the mortgage payments. A question also arises on what happens if you default on the payments - the mortgage company could repossess and a forced sale is usually at a lower value than market value, at which point you could possibly step in an offer to buy - the danger is, of course, that you might not be able to raise a mortgage if you have defaulted - again, you need to talk to a solicitor before you do anything like this.
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