As the title says. I'd like to know if I can get a variation on a financial order.
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.
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
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?
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.