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Reversal of order

  • Sunnychick
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10 Sep 12 #355100 by Sunnychick
Topic started by Sunnychick
Decree Absolute granted. Finances finished . I get all equity . Both agreed on value. Now ex pushing to reduce value by £50 k to speed up sale and presumeably to annoy me. If price reduced I have insufficient equity to rehome three children 9-17 years old.Order was made on stated value.

Can I get order altered?

if not
Can I Petition on behalf of chidren to stop sale of house on grounds that there housing needs can not be met?

Thank you.

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10 Sep 12 #355102 by Sunnychick
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PS pension sharing order based on me getting a equity. Pension transfer hasn''t taken place as ex won''t pay the £3k to transfer it. Can I then apply to increase my share of pension if my equity is reduced by £50k?

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10 Sep 12 #355112 by Elphie
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Why do you need to get the order altered? Isn''t it your ex who wants to change the agreed value? If you still consider the price agreed to be a reasonable one, then stick to it - if you are joint owners the he can''t force a sale without your agreement. He''ll just have to wait.

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11 Sep 12 #355128 by Sunnychick
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I want the order reversed to stop the sale of the house. He has had the sale price reduced once and we are due back in court soon to review the price. My reasoning is that the sale order was made on the caalculations that there was sufficient equty to rehouse the chidren. If there had been insufficient equity at the time of the hearing the order would not have been made. Therefore the order should be set aside.

PS could I get legal aid on behalf of the children as this is about their needs?

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11 Sep 12 #355132 by somuch2know2
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I am guessing the house had to be put for sale because the mortgage and running is too high for you to take on yourself and not feesible for your ex to sustain, as well as live?

Instead of dropping 50K, why not try 25 and see if it sells. You would be able to get a mortgage for 25K

I had to drop the value of my house by 60K- and its still not sold.

Instead of spending more money in court, could you not try speaking to him about various possibilites?

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11 Sep 12 #355148 by Elphie
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No, you aren''t entitled to legal aid on behalf of the children, only if you personally qualify.

Can you afford the mortgage repayments yourself, until it is sold? Without help from stbx? If yes, then next question...

Is your name on the title deeds of the house? Or have you registered matrimonial rights to it? If so, then he can''t sell without your agreement. Therefore, rather than go to court, you just refuse to allow the sale to go through unless it is at a price you are happy with. Contact the estate agents and instruct them to put the price back up, and inform the you will not allow the sale to go ahead unless you are happy with the price.

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11 Sep 12 #355150 by Elphie
Reply from Elphie
No, you aren''t entitled to legal aid on behalf of the children, only if you personally qualify.

Can you afford the mortgage repayments yourself, until it is sold? Without help from stbx? If yes, then next question...

Is your name on the title deeds of the house? Or have you registered matrimonial rights to it? If so, then he can''t sell without your agreement. Therefore, rather than go to court, you just refuse to allow the sale to go through unless it is at a price you are happy with. Contact the estate agents and instruct them to put the price back up, and inform the you will not allow the sale to go ahead unless you are happy with the price.

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