Myself and my ex disagree on the value of our home. He has stated the value at £180k and will not budge on this.
We have had 3 valuations,£180k, £185k and £190k. So I figured it is reasonable to assume £185k as an acceptable value. I have now learnt that the house next door to ours has just sold for £185k. As the property is a new build and the house next door (semi-detatched) is identical, I see no reason why he will not accept this as a fair value.
My questsion is this, will the judge at our first appointment accept this as a value based on the sale of the house next door and the valuaions, or will they order an independent survey at both our costs?
I am just trying to add up whether this issue of value is worth pushing, consideting the equity is so small (about £15k) it is a big percentage of this.
If you have a solicitor it is worth writing to your ex and open up the lines of communications but strictly business and no accusations. Get his view on paper and then try to put your view accross as to what you think. If your ex disagree as to the value then you bring the letters to the attention of the Judge. Make sure you put proof of the value to the next door house. A valuation is normally ordered by the Judge and the cost to be split in half between the parties. Howerver, if the Judge sees the financial position of the parties he may just take the value indicated by the next door house.
Neverthelss, don''t assume the Judge will give in your favour. Make sure you have the written request from him and evidence in writing that you have tried on all reasonable grounds to reach an agreement. You can do this yourself as long as you can keep your emotions in check and write strictly to the issue at hand. You can always file a D11 (Application Notice) to get Directions from the court if your ex refuses. You do need evidence that you communicated to your ex about your wishes for valuation as it would be in your best interest to include a statement with the evidence that you wrote to him and also attach proof as to the house sale next door.
Thank you both for your advice. I am self repping and have been in constant contact with the ex regarding reaching an agreement, he has refused to comment on the house next door and has said he is happy for an independant valuation. We are close to reaching agreement the only thing we cannot agree on is the lump sum payable. He is buying me out of the house as he does not want to sell, he has lived in the house since our seperation.