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Could I get a variation?

  • MrCrispy
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8 months 3 weeks ago #510074 by MrCrispy
Replied by MrCrispy on topic Re:Could I get a variation?
Thank you. I will contact the agents on Monday and let you know how things go.

So far everything has been a trial.

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  • Deborah66
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8 months 3 weeks ago #510075 by Deborah66
Replied by Deborah66 on topic Re:Could I get a variation?
Please do, I have to say they probably will need some guidance about what they need to cover in their letter as it is not something they do everyday. So ask for their help as it will help promote a sale and I would suggest be clear about what you need them to say and cover in their letter.

Deborah

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8 months 2 weeks ago #510212 by MrCrispy
Replied by MrCrispy on topic Re:Could I get a variation?
I was able to get an email from the agent with some of the details I needed.

I have sent an email to my ex and given her 7 days to reply. I thought i'd put a time box on it since she will usually take a fair while to reply.

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8 months 1 week ago #510313 by MrCrispy
Replied by MrCrispy on topic Re:Could I get a variation?
I got a reply.. \"I will not be agreeing to reducing the asking price of [the house] at present.\"

So how does one make the court aware that a financial order is not being adhered to?

Is there a form, do I need a solicitor or should I just send them a letter/email/phone?

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  • hadenoughnow
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8 months 1 week ago #510314 by hadenoughnow
Replied by hadenoughnow on topic Re:Could I get a variation?
You need to make an application for directions/enforcement. I think it is a D11 that you need.

The court can do a range of things from ordering that the property is marketed at a reduced price to signing the paperwork in place of her.

You will need to produce evidence of non compliance with the sale and the refusal to lower the price despite estate agents advice.

You could also ask the judge to adjust the burden of the mortgage so she pays it - although if she doesn't you are still liable if it is in joint names.

Hadenoughnow

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8 months 2 days ago #510364 by MrCrispy
Replied by MrCrispy on topic Re:Could I get a variation?
I'm thinking of going with something like this for the D11..



I would like the court to be made aware that the sale of the jointly owned property ([House Name]) is not being sold in accordance with the Financial Remedy Order agreed in case [xxx].

The Estate Agents and I have asked for the price to be reduced since we have not had many viewings on the property.

The Respondent in this case (My Ex Wife) has thus far refused to lower the price despite several conversations with the Estate Agent.

The Respondent in this case (My Ex Wife) has thus far refused to discuss lowering the price with me, despite the Court Order stating that we have joint oversight of the sale.

For these reasons I would like the court to intervene and authorise the Estate Agents to proceed and market the property at their revised / recommended valuation. This is currently £xxx.

Additionally I would like the court to adjust the burden of the mortgage payments such that the Respondent (My Ex Wife) should pay 70 percent of the mortgage and I, the Petitioner, should pay 30 percent of the mortgage.

The reason I give for this course of action is that, as ordered in case xxxx, My Ex Wife is entitled to 70 percent of the proceeds of sale of the property and continued delay, whether intentional or unintentional benefits her further due to the disparity in the mortgage payments vs the benefit from the proceeds of the property's eventual sale.

Attached are emails from the Estate Agent marketing the property, showing they have suggested the we reduce the asking price and from the Respondent in this case showing her refusal to reduce the asking price.

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  • Deborah66
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8 months 2 days ago #510366 by Deborah66
Replied by Deborah66 on topic Re:Could I get a variation?
Can I check in your Court Consent Order do you have a paragraph which says \"liberty to apply\"

I would anticipate that you do, so you are applying to the court as to the implementation of the order.

As per the D11....

The order you are seeking is the the sale price of.........(address) be reduced to £........

(I don't agree about the court having the power to adjust the mortgage...will leave that to you)

The reasons... something along these lines...

1. That the property....address has been on the market for sale at £ for .......months with Estate Agents. There has been no/little interest....

2. The Estate Agents have advised that the marketed sale price of the property be reduced to £ ........... to attract buyers and to effect a sale as evidenced by the email attached.

3. The ........ has refused to reduce the sale price as evidenced by....

Attach copies to the D11.

It would be preferable if you could get the Estate Agent to put their advice in a letter and to also confirm that they have spoken to the other party who has refused....

Some food for thought.

Deborah

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