A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Could I get a variation?

  • MrCrispy
  • MrCrispy's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
10 months 1 week ago #509448 by MrCrispy
Could I get a variation? was created by MrCrispy
As the title says. I'd like to know if I can get a variation on a financial order.

Summary is:
I pay half the mortgage
I will receive 30% of the property once sold.
I'd like to get a variation to reduce my mortgage payment since I am essentially losing money every month.

Previously my ex stated that she would be able to afford the full payment, so she should be able to afford 70%.

Relevant sections of the Order are below:

Undertaking to make mortgage repayments
The respondent shall promptly pay one half of the payments falling due in
relation to the mortgage secured on the family home until the completion of the
sale of that property pursuant to the order contained at paragraph I I below.
Orders

IT IS ORDERED BY CONSENT (with effect from Decree Absolute):
Order for sale
The family home shall be sold forthwith on the open market for sale and the
following conditions will apply.
1 the property shall be placed on the Open market for sale immediately by
2 the applicant and the respondent at such price as may be agreed between
3 the parties and in default Of agreement as determined by the court;
4 the property shall be sold for such price as may he agreed between the parties and in default Of agreement as determined by the court;
both parties shall have conduct of the sale;
5 the conveyancing work relating to the sale shall be conducted by such solicitors as may be agreed between the parties
and in default of agreement as determined by the court;
6 the property shall be marketed for sale by such estate agents as may be agreed between the parties and in default Of
greement as determined by the court: and
7 the proceeds of sale shall be applied as follows:
a) to discharge the mortgage in favour of Santander UK PLC;
b) in payment of the solicitors' conveyancing costs and disbursements
c) in connection with the sale;
d) in payment of the estate agents' charges;
e) in payment of the balance as to 70% thereof to the applicant and as
to 30% thereof to the respondent

Please Log in or Create an account to join the conversation.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
10 months 1 week ago #509466 by LittleMrMike
Replied by LittleMrMike on topic Re:Could I get a variation?
Er - if, as I suspect, the order which you now wish to appeal was made by consent, you might have difficulty in appealing against an order if you had previously agreed to its terms.

It's like appealing against a conviction if you pleaded guilty.

Unless you can prove a change of circumstances, you have a problem.

LMM

Please Log in or Create an account to join the conversation.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
10 months 1 week ago #509468 by hadenoughnow
Replied by hadenoughnow on topic Re:Could I get a variation?
The sale was to be forthwith - which means immediately. How long is it since the order was made? Is the house on the market?

If the sale is being obstructed, you may have grounds for enforcement and maybe an application for you to have sole conduct of sale to get things moving.

Hadenoughnow

Please Log in or Create an account to join the conversation.

  • MrCrispy
  • MrCrispy's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
10 months 1 week ago #509470 by MrCrispy
Replied by MrCrispy on topic Re:Could I get a variation?
Yes it was by consent.
Obviously I should have thought of that. But I feel my solicitor should have too.

Please Log in or Create an account to join the conversation.

  • MrCrispy
  • MrCrispy's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
10 months 1 week ago #509471 by MrCrispy
Replied by MrCrispy on topic Re:Could I get a variation?
@hadenoughnow Its been on the market a couple of months.

It was indeed put up for sale immediately.
Its not being obstructed. I nievely thought/hoped the house would sell fairly quickly.

However its quite niche / not in an estate so might take longer.. not to mention eveything else thats going on in this country at the moment.

Thanks both for the replies.

I suppose I'll have to wait it out and consider taking some action if it takes an age to sell.

Please Log in or Create an account to join the conversation.

  • MrCrispy
  • MrCrispy's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
8 months 3 weeks ago #510069 by MrCrispy
Replied by MrCrispy on topic Re:Could I get a variation?
An update on this one. If anyone has any thoughts that would be appreciated.

The house has been on the market now since about July. Not many viewings and no offers. Brexit could be the issue but so could the asking price.

The estate agents have asked us to put the price down. Currently 550 theyre saying go to a region of 500 to 525.

They also had an open house \"event\" which would have been good to get feet through the door.

My ex, however, refused to make the house available for even 1 hour over the event weekend. I offered to tae the kids to the park or do the viewings myself but nothing would make her see reason that this was a good thing to potentially get the sale moving.

In discussion about their weekend, the kids tols me they didn't go out or do anything of significance over the weekend in question. So I can only assume that the ex if deliberately sabotaging the sale because she a) does not want to move and b) make more money out of me every month the house is un-sold. (see above posts on 70/30 equity split)

She is also refusing to lower the asking price.

The court order states \"... in default Of agreement as determined by the court ...\" which I take to mean if we don't agree then the court will decide.

I have asked for the price to be lowered and have asked for the house to be made available (for the event), both of which have been flatly refused.

Do I have grounds to go to the court and get something moving?

If so how would I do this? Solicitor? or can I go direct?

Please Log in or Create an account to join the conversation.

  • Deborah66
  • Deborah66's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
8 months 3 weeks ago #510071 by Deborah66
Replied by Deborah66 on topic Re:Could I get a variation?
I have experienced this both personally and supported clients. The first thing is to ask the estate agents to confirm in writing what has been happening and their expert opinion on sale price etc....what they recommend eg..

1. what they are advising about the sale price and why and that they have contacted your wife who has refused to reduce the price

2. The advise about the open weekend to get the sale moving and to confirm that the wife has refused.

Basically to get some independent evidence to confirm your wife's behaviour.

Then write to your wife/or her Solicitors if still acting/on record saying if she does not agree to an open day/weekend, with you looking after the children and the reduction in price in accordance with the estate agent, then you will have no other alternative but to apply back to the court and to apply for her to pay the costs of the application . Give her 7 days to reply.

That may do the trick without the expense or hassle of going back to court, plus you have independent evidence in writing to back you up, if further difficulties down the line, you can get the evidence needed again. Independent evidence from the estate agents has been key.

Deborah

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11