When my house is sold I will need to make up a shortfall to my ex. Can you tell me how long I have to pay this? There is nothing about a timescale in our Separation Agreement and I have no income as am on maternity leave and have no assets against which to secure a loan.
Please advise as this is crucial to agreeing a house sale price this week.
Because of my pension( and his lack of one) I will have to owe him money which will come out of my share of equity for the house. My ex has made an offer to me for the house but it will me I have to owe him £16k which I cannot afford. I am in a rented property and have no assets over which to raise money or anything to sell.
He has threatened that if I don''t accept then he will take me to court to have a third party oversee the sale of the house and seek court costs from me - again which I can''t afford.
I thought that we should have the house revalued and it is signed over to him for whatever amount that is and then if there is a shortfall (which I doubt) then of course it is fair to pay but I really don''t think this is a fair position for me to be put in.
I feel so bullied, so alone and can''t take anymore.
Is the SA done under Scottish law? And do you have any divorce in progress yet? I know exactly what you should do if it''s English law but if it''s Scottish then I''ll let one of the Scottish experts take it.
It is Scottish law and we are divorced with SA in place. As much as I love Scotland, in this instance I bet I would have been better off under English law!
He has also lettered me saying that he will take me to court requesting I pay the fees and asking for a third party to oversee the sale. Why? I have done nothing but try to aid the sale by dropping the price. We have no offers because those interested are waiting for their houses to sell. He simply wants to get a bargain and a lump sum for himself and it is unfair. I will sign it over to him but not for £20,000 below its value.