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Enforcing the sale of the FMH

  • gravitino
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05 Jun 12 #335161 by gravitino
Topic started by gravitino
I moved out of the FMH during the divorce process into rented accommodation with my new partner, leaving my ex-wife and our adult son in the FMH, which was already up for sale. In the court order (six months ago), we were ordered to sell the FMH and split the proceeds as swiftly as possible. Needless to say, it''s the biggest asset for both of us.

Today, the property remains unsold, despite several price reductions and one attempt at auction sale. The house has been on the market -- now with the third estate agent -- since late 2010. (The house has had one serious prospect, who ducked out just before exchanging contracts.)

Despite it originaly being my ex-wife who put the house on the market, I''m beginning to suspect that she is now not trying hard to sell it. (It has no mortgage on it, and it''s a bigger house than she can afford on her own.) The unfortunate estate agent who mediates between the two of us tells me that he doesn''t detect any new reticence to sell on her part.

I know it''s a very difficult property market, but I need whatever capital remains in the FMH. I now worry that we could easily enter 2013 with the house still unsold.

How can I enforce the swift sale of the FMH?

  • WYSPECIAL
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05 Jun 12 #335162 by WYSPECIAL
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Move back in!

Get actively involved in showing people round etc.

If she is trying to put the brakes on that should soon liven her up.

  • gravitino
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05 Jun 12 #335170 by gravitino
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Thanks for the suggestion.

My understanding is that once past Decree Absolute, I have no right of unscheduled entry to the FMH. So I do not think the suggestion is practical.

  • Fiona
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05 Jun 12 #335174 by Fiona
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Once you have left the former matrimonial home it can be difficult moving back. To enforce a sale you can apply for vacant possession and control of the sale but you would need evidence that your ex-wife is being obstructive.

  • Crumpled
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06 Jun 12 #335229 by Crumpled
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Hi the fact you have had three estate agents a number of price reductions a failed auction sale and a purchaser who pulled out (why did they do that was there something wrong with the property or just a whim)
doent imply to me that your wife is being obstructive it just sounds like your house is difficult to sell.
Is it possible if your wife is being reticent it is because she is sick of getting the house ready for prospective viewers etc because i think if my house had been on the market for two years i would
sick of it as well

  • gravitino
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13 Jun 12 #336395 by gravitino
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There are many large-ish houses in the area, with most of them falling into one of two categories: immaculate, highly modernised houses, ready for expat executives to move into, and well-worn houses suitable for a growing family who may want to update the facilities in the house.

Our house is in the second category, and because the economy is so uncertain, very few families are prepared to make the leap (that we made 20 years ago) to a bigger house when their jobs may disappear in months. That is why our house is so difficult to sell.

As a postscript, I might add that last week the estate agent told me it wasn''t worth the seller redecorating or updating the kitchen etc. Two days later he phoned to say my ex-wife is updating a few rooms - changing the carpets and redecorating! A skip outside the house confirms this.

So I have to ask myself why she is updating the appearance of the house against the agent''s advice. Is she simply following her own view of what would make the house more sellable, or has she decided to stay and sit on the vast proportion of my capital?

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13 Jun 12 #336402 by cookie2
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gravitino wrote:

So I have to ask myself why she is updating the appearance of the house against the agent''s advice.

Who cares? As long as she is doing it at her own expense, it doesn''t affect you. In fact it can only be good for you, since you''ll get more money.

has she decided to stay and sit on the vast proportion of my capital?

I don''t think anyone can answer that but her!

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