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Divorced - Property issue

  • MRichard
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29 Jun 12 #339835 by MRichard
Topic started by MRichard
Hi there, I had a separation from my former wife in 2008. We had a house in joint name from 2002. I moved to a nearby city in 2007 where I bought flat in my name releasing some equity from the first house. She subsequently moved out of the house after 6 months to England(both of us are professionals and no children). The Separation Agreement was to sell the property and get the valuation done for the property in the city. Add the equity in both properties and split it into two. I get to keep the flat in the city and if the equity in the flat is higher then I would pay the difference. Till the house is sold, I have to pay for the mortgage, council tax, gas electricity and other expenses to maintain the property. Both parties take reasonable effort to sell the property.
So now we were at equal footing she will get the house and me the flat.
As the housing market collapsed, it was difficult to sell the property. So when I reduced price from 215K to 205k, there was buyer willing to buy the property in may 2010, she would not agree to sell the house for that price but the estate agent charged me their commission of 1.5%(£3100). We have not rented the property out, in the hope of selling. As it had not sold for almost 4 years, I asked another estate agent how much it will sell now and was told that it will be £185k. She does not want to sell it at this stage. Obviously, I have been paying money for the upkeep of the property and she does not pay anything and is advantageous for her to wait. I asked her to take the property in her name to release me and do whatever she wants with that as I believe that both properites have equal equity and then we will be square. She does not want to do that.

I finding it hard financially to maintain this house and my flat at the same time. Is there any way I could write the house in her name so that she can either rent it or sell it as per wish.

Kindly let me know if I can do anything to come out of this as I am in a limbo ..

  • rubytuesday
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29 Jun 12 #339838 by rubytuesday
Reply from rubytuesday
Welcome to Wikivorce.

You can change the terms of the Separation Agreement by mutual consent but only if she agrees to the signing over.

Why doesn''t she want to do this?

  • MRichard
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29 Jun 12 #339843 by MRichard
Reply from MRichard
Hi,

Thank you for your reply.
I think she is probably waiting for the housing market to pick up .
We did have some offers for the house ,but she seems to be never satisfied with the price.

I am worried that I will be stuck with the house for another couple of years and I find it financially very difficult in maintaining all the cost for the house.

I did advice her that she could either part exchange or give for rent till she get the price she wants.

I am curious if I can get the court to make hee take the house in her name.

Tnks

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29 Jun 12 #339865 by rubytuesday
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No, you can''t force a property onto someone who doesn''t want it. You can request the Court to issue an order for sale.

depending on the wording of the SA re the house sale, if she isn''t compliant with the clause relating to the sale, then she is in breach of the SA.

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