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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.

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Court order 3 years ago but house unsold

  • Tonsal
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10 Aug 12 #348670 by Tonsal
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Hello

I was divorced 3 years ago after a short marriage of 7 years followed by a 10 year separation (no children) and the judge put a court order on the house to be sold forthwith. I agreed to a Clean Break meaning my ex wife will get the full proceeds of the sale, the contents, bank balances, car, everything except maintenance.

At the time, it was ruled that I will continue to pay the mortgage, utility bills and insurances until the house is sold. That was 3 years ago and the house is still unsold. The mortgage will be fully repaid in less than a year.

What can do if the house won''t sell? What if anything can a judge rule if I take it back to court?

Has anyone been faced with similar situation?

Any help or advice would be much appreciated.

Thanks

  • maisymoos
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10 Aug 12 #348704 by maisymoos
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Do you think the house isn''t selling because of price? Was the price agreed in the court order?

  • LittleMrMike
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11 Aug 12 #348724 by LittleMrMike
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Well, of course she won''t do anything, will she, if you are content to carry on paying for it ?

What normally happens is that an order for sale will incorporate provisions as to who the selling agents are to be, who has the conduct of the sale, what the initial asking price is to be, and most importantly , will usually incorporate a provision that either party has '' liberty to apply '' and come back to Court and ask for further Directions if there is a logjam, as does sometimes happen.

But this is a rather peculiar situation since you have no interest in the house or the proceeds of sale. Not a situation I have encountered before, but if she is deliberately drawing things out to prolong maintenance, then you might ask the judge for a ruling that your liability will end, say, if it hasn''t sold within three months.

LMM

  • ascatfish
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11 Aug 12 #348730 by ascatfish
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Im not sure why she is being ordered to sell the house if she is keeping all the proceeds of the sale? Do you mean that your name needs removing from the mortgage? If so this is a simple matter of admin with the bank and does not require the house to be sold.

If you are not ordered to be paying spousal maintenance or payments for the mortgage/utilities etc I would cease these immediately as it is no longer your business.

If the mortgage will be repaid in a year anyway maybe she is thinking that it isnt worth it now to pay the fee (I think its about £125 - £250) to get your name off the mortgage , but there is the small matter of whose name is on the title deeds as well and that also needs to be resolved .

  • Tonsal
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11 Aug 12 #348740 by Tonsal
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Hi Thanks for reply
The price was determined in Court and the estate agents were nominated as well. The price was reduced substantially 18 months ago but still no interest. Other similar premises are similarly priced and although it was probably overpriced to start with, I think new price reflects reasonable asking price? I know it is bad time to sell and is why I have been patient for so long.
Thanks again
TS

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11 Aug 12 #348745 by Tonsal
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Hello ascatfish

The order to sell the house was made 3 years ago and the proceeds would have provided enough for my ex wife to provide a home for herself''. (It is on the Consent Order) I dont think at the time that the Judge considered that the property would still be unsold 3 years later. (The morgage is in joint names)

If it had sold quickly, I would have been free of the financial burden and would have allowed me get on with my own life but here we are 3 years later.

Unfortunately, I cant stop paying the morgage or the bills as that is also on the Consent Order that ''I undertake to pay morgage and outgoings until the said property is sold''

It is an intorelable situation

Thanks again

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11 Aug 12 #348747 by Tonsal
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Hello LLM
Thanks for reply
The Court nominated the estate agents and determined a selling price. My ex wife''s solicitors have conduct of sale.
There is a clause ''There be liberty to apply as to the implementation of the terms of this order but I cant prove that she is deliberately drawing things out as she agreed to substantially reduce the asking price 18 months ago. Even at the new price though, there has been no interest. I will however speak to my solicitor about your suggestion to end my liability - it seems reasonable.

It is interesting that you find this a peculiar situation and is probably why I could not find a similar situation in the Internet searches I have done.

Thanks again, much appreciated
TS

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