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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Can I return to court after consent order made?

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28 Feb 18 #499956 by ryamagee
Topic started by ryamagee
My ex wife lives in FMH - no kids and our Consent Order was for Clean Break, sell house and split equity 50/50.
House hasn’t sold after 1 year and a half on the market despite 2 reductions in asking price. My solicitor sent hers a letters few weeks ago and the ex wife got a letter from the estate agents saying that the property has good feedback from viewings and the asking price is a realistic sale price so my solicitor doesn’t think id have much luck taking her to court to further reduce at the moment.
I really just want to bring things to an end, I’ve been in the fortunate position of being a able to buy a house with cash recently so I’m not relying on the money from sale of FMH but I would like things to be finished and the extra cash would be handy too.
If I took the ex to court to force the house to go auction instead to ensure a sale, would this mean changing the Consent Order (which was to sell the house on open market) and would my ex wife be able to contest the 50/50 division? She’s been paying the mortgage alone since we split 5 years ago and when we did the form E and disclosures she said she would be relying on the cash from sale of FMH to house herself following sale. Also would the judge take into account the fact I’ve bought a property as a cash purchase (ie no mortgage).
Wanted other views on this before I challenge what my solicitors telling me.

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28 Feb 18 #499958 by divorced at last
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I went to Court recently as my ex husband has delayed the sale on our FMH. I now need my equity to be released (for various reasons including medical) and was successful in proving to the Judge that the cash offer we had received should be accepted, despite it being £15k less than asking price.

In your case your ex wife’s needs are greater than yours as your housing needs have been met. I understand how difficult it can be waiting on a sale. Would it be possible to have another agent or agents value the property? Have you seen the feedback from viewings? Have you had offers made? Are the agents actively selling the property? I sugggested to our agent that I would be looking to market with someone else and they found a buyer for me within 10 days!

From the Court’s point of view you are not disadvantaged by your ex wife being in the property however an auction is likely to achieve a lower sale price and this would be a disadvantage to both parties.

If you have joint conduct it may be worth speaking to the agent and also looking around for someone new to market it. I went with an online agent and wish I had gone to the high street to be honest. They charge more but they do a hard sell and have more experience. You can also get a valuation from other sources rather than estate agents, that might assist you in demonstrating that it is being marketed at the incorrect price.

If it’s possible to speak with your ex, do it, don’t use the solicitor’s if you don’t need to, it adds fuel to the fire and they charge you for the privilege!

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28 Feb 18 #499959 by stay positive
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This might sound like a daft idea and not knowing your circumstances with your ex.

Are you sure she is not putting people off. ? Friend of mine was in a similar situation house competitive, feedback good reference size of house gardens etc.

He got a freind to go for a viewing to find out what was being said. He found out his ex was telling people the house next door got burgled the week before. Total lie and only as a by the way. Enough to put people off.

He then insisted that viewings we're done by the agents, it sold in two weeks.

It doesn't take much to put buyers off and when giving feedback people don't tend to like being negative.

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28 Feb 18 #499960 by ryamagee
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Hi divorced at last, thanks for answering.
My ex wife hasn’t delayed the sale of FMH as such, she was reluctant to reduce as she wants enough to be able to buy a house for herself post sale but she did agree to reduce both times. She keeps the property in good condition and accommodates all viewings so I can’t really accuse her of delaying sale.
We had three agents (high street) value the property and they were all similar valuations but we agreed on the agent who valued highest (irrelevant now it’s been reduced twice anyway!)
I understand my ex wife also had a 4th agent value the property in the last 3 months and they agreed it was correctly price-bracketed.
I have seen the feedback and it’s all positive (all love the house) it’s typically different people wanting different things e.g some want the garden smaller/some bigger, and so on. Nothing specifically stands out as an issue with the house.
Oh I forgot to say (sorry) someone does want to buy but they have yet to sell their house so it’s not much help.
Forgive my ignorance but what do you mean by other sources? Who else could I get to value the property?
Unfortunately it’s not really an option to speak directly to my ex about it as I left her for someone else and understandably she doesn’t relish speaking to me directly.

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28 Feb 18 #499962 by ryamagee
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Hi stay positive

It’s the agents who do the viewings.
I know my ex does want the house to sell as she wants money to buy her own house so it wouldn’t be in her interest to put people off anyway!

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28 Feb 18 #499963 by stay positive
Reply from stay positive
Rules that out then, it was just a thought

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28 Feb 18 #499965 by divorced at last
Reply from divorced at last
I understand, I’ve been in your shoes and it isn’t easy.

A chartered surveyor can value you property but they will charge.

For what it’s worth, if you did apply to the Court, and you did get a hearing for directions, the chances are said prospective buyer who is yet to sell their property could probably do so quicker than you’ll get a Court date!

Are they offering a price you are both happy with?

I can’t see a Judge would order a forced sale when you’ve purchased a property and have no mortgage nor are you reliant on the funds from the property.

Our house was very similar, they all wanted it but their circumstances were difficult. Ultimately you only need one buyer for the property, you’ve waited 18 months, why not accept the offer on the table and wait for them to find a buyer?

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