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What are we each entitled to in our divorce settlement?

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

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Defending an App to take control of the FMH sale

  • MisterX
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22 Jul 12 #344647 by MisterX
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Hi, the never-ending saga continues.

At FDR a year ago we agreed to sell the FMH and ever since I have been harassed to lower the asking price. I have agreed to one price drop but he market is sluggish and no one else is dropping their price. The Ex from hell has just served me with an application to adjust the court order to sell the house in order to take control of the house sale. She wants a quick sale and will accept any offer so it will probably go to a property speculator/developer if she is successful.

How do I respond to her application notice? She has included some papers for the judge to consider, what form do I use to send my papers in for the judge?

Any help gratefully received.

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22 Jul 12 #344648 by maisymoos
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Was the sale price agreed in the Consent Order? Or did it say to be agreed between the parties?

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22 Jul 12 #344652 by MisterX
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The Consent Order says "the initial asking price shall be as follows..."

The judge previously ordered a valuation on the property and foolishly I went with her solicitor''s recommendation (I''m representing myself), and they came back well under market value which I contested. I though it had gone away but now she is saying that she only agreed to the initial asking price because it was agreed it would be reduced in line with the selling agent recommendations who are also seeking a quick sale. She has made much of this year-old valuation and has put it in her bundle to the judge.

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22 Jul 12 #344655 by maisymoos
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I was in Court on Friday for the same thing. My property had only been on the market 12 weeks, the judge said the asking price had to be reduced in line with market conditions, despite the fact that the financial settlement was based on a surveyors valuation just months before. I was due to get all the equity so I am some £25k down:( . If my case is anything to go by and your property has been on the market for so long I reckon the judge would reduce the asking price and you would end up paying the costs of the application!

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22 Jul 12 #344657 by dukey
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Presumably the property was valued shortly before the order was made 3 months ago so what has changed so much in the market in such a short time?, is that all the judge said, how long did the hearing last.

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22 Jul 12 #344659 by MisterX
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How do I respond though? What form? want to put my side before the decision is made.

Should I apply for control of the sale to counter her application?

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22 Jul 12 #344660 by maisymoos
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The surveyors report was from Oct 2011. My ex went armed with a National Newspaper and read out bits about how dire the housing market was. I had agreed to the price of the property being reduced a week before so it had only been on the market at a lower price for a few days. An offer at 25k less was received this week and I think thats what swung the judge. Seems very unfair as of course anything will sell at a bargain price:(

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