[Solved] Can financial settlement be forced?

Hi,

Is your ex wanting to sell the house? Are you wanting to keep the house with her & the kids living in it & settle things when they are older?

Ex doesn't want to sell the house, I'm thinking house prices have dropped, she has made things incredibly awkward for me regarding access, why should I play ball? Also she has submitted form e whereas I have yet to do so

This a tough one as really your playing games which I would always recomend against, I see what you mean about house prices being low at the moment, but you then say "she has made things incredibly awkward for me regarding access, why should I play ball?"

finance and access are 2 different things, as much as it may feel good to get one over on your ex it will be short lived as really you both need to get some closure and move on, the longer financial settlement take the harder things will get, I would have thought that most solicitors would recomend that the divorce isn't finalised until the finances are dealt with (I know mine was shocked that my divorce was settled before finances were)

It's got to be your decision but I would say bite the bullet and get it sorted, things will remain tence between you and your ex while your both playing games.

Darren

I agree totally with Darren - get it sorted out as easily as possible and be prepared to compromise a little.

House prices may be low at the moment, but if you are going to buy your own home, then you will have to pay less for whatever you are buying, and if she is going to buy you out, then you would save on estate agents fees. If the house was to be sold, then she'd want the highest price as much as you would, so the valuation would be what it was sold for. The last thing you want to do is to go to a court not being prepared to be reasonable (in the eyes of the court) as you could find that they are then more generous to your ex than they would be otherwise.

With regards to being awkward, it really isn't worth it - aside from the aggravation it will cause you both, it has every chance of racking up your legal costs which may more than offset what you would gain.

Hi

I have just had the house valued, and it's about sixty grand less than what I expected!!!! This feels like a sickening blow. The ex is not looking to sell, I'm in no rush for cash, rather than lose tens of thousands can I be taken to court and forced to accept an offer. Or as spring chicken says, settle when children are older.

You would need proper legal advice on the divorce (the CCLC can't give advice in this area). It's always possible the the court could award the lions share of the house to your ex because she will be providing a home for the children. I would get legal advice on the possibility of leaving some of your share in the house until the children reach 18 years old, as SC suggests - it might leave you with less now, but it could be a far more equitable solution.

If you want to do that the I suggest you put together some agreement and get it validated by solicitors otherwise you could lose out financially