Ex Wont Allow Access For Valuation

Hi everyone, first post for me.

Im getting divorced from a very bitter ex and I have a massive problem. He will not allow any valuation to be done on the house we jointly own. At first he asked for 2 weeks to "get the house in order" that has now passed and I now know that he is stalling for time. I have also heard from a very reputable source that he is in trouble with the mortgage ie not paying it. Where does this leave me? I have repeatedely asked him for details of the mortgage as when we were together he sorted all this out, I feel silly saying this but I do not even know who my mortgage is with never mind a mortgage account number.

Any help will be gratefully received, im awaiting a call from my divorce solicitor.

Scallyally,

Welcome to wikivorce, the home of experienced marital hostage negotiators and keen behavioural psychologists.... Not really

But welcome to a community of caring people who know just how you are feeling at the moment, and have probably all kinds of shared experience with you. It's not clear from your post how recently all of this has been going on, but a few pointers to get you started whilst waiting for that VERY expensive phone call from your solicitor:

Mortgage - Is it paid from a joint account? are you getting copy statements? if so, probably shows lenders name on statement with a reference.

If not, you can do a search on the Land Registry for your property and it will show if a mortgage is held on the property.

Is your name on the mortgage and deeds? If not, have you registered your interest in the property with the land registry? If not, do it. That stops him selling it without your consent.

If your name is on the deeds and mortgage, you are jointly and severally liable for the outstanding mortgage with your husband. That means if there are arrears, they don't care who is at fault, or who has paid what, they want the arrears cleared and they don't care by whom. They will pursue you both for them until they are cleared in full.

Normally you can get away with 3 months of arrears unless there is a poor history. After that time they make rumbling noises about reposession, which is often a couple more months.

Obviously things are not amicable, but if your name is on the deeds, your husband cannot deny you 'reasonable' access to the property. If you have moved out, then 'reasonable' often means by appointment. If necessary you must contact your local police who may attend an agreed appointment time to ensure that there is no breach of the peace.

You don't say much about the circumstances of your marital breakdown, so it is hard to judge what line to pursue as regards access for a valuation. Perhaps if you post up a little more deatil about how you got to this point, someone may be able to offer more specific advice.

Hope it helps,

Mike

WOT HE SAID! .... and Welcome.

A judge just ordered an independent Valuation on our marital home (I no longer live there; I suspect ex has trashed it, returned to living in squallor)

We'll have to pay half each for this Valuation, Ours is large, expecting to pay around £2,000

You can maybe suggest this to your ex; and maybe (just maybe) he'll allow the valuation to take place by an Estate Agent, free source. If you tell them you're divorcing, they can charge you for their service. (One valued ours for free - but wanted £150 for the valuation in writing once she knew we were divorcing) Our form E's do not agree valuation; hence the judges order.

Sera,

A single joint valuer has a particular form of instruction and his responsibility is to the court, not you, not your xtb. If either of you two talk to the valuer you could give the other reason to call the valuation invalid.

Furthermore the valuer should be prepared to appear in court if called and answer any queries regarding the valuation - estate agents don't do this.

Try a member of the RICS or the Institute of valuers and somethingorother (I can't recall, sorry).

YA

Thanks. The judge made a recommendation for someone he knew locally. I don't live at the house; and there was some paperwork (offers valid last summer) that I wished the valuar to consider.
We're in a situation whereby the property was being sold for development. (We had five active bids from five different companies when my husband asked for Divorce). It's quite obvious to my friends that he's ousted me to profit; embezzling me of profits in the process.

The judge will now decide if the Land has development potential. Under marriage law; he will go with the valuation as of today.

However, my husband disolved a Partnership (under Partnership Law) August 2007; and it may well be that in Commercial litigation; under Civil law; I take the case elsewhere if indeed I have a right to profit split at the time the Dissolution Notice was issued; based on those valuations.

Hi there and thanks for the reply. No the mortgage has been paid solely by him since October 2007, I then moved out of the property in April 2008. I have received no copy statements at all, I feel stupid saying this but I do not even know who the mortgage is with, he sorted all that out. The mortgage is paid for by his sole account. I shall look into looking at the Land Registry.

I now have reason to believe that the house is in serious trouble, I think now that its nearing repossesion, I was under the impression that the mortgage was being paid. I think now he is counting the days till its taken from him.

My name is indeed on the mortgage and deeds, I know that for a fact. I wanted the details from him to remove these and to let him have the house, I wanted no financial gain out of it at all. He would and still will not provied me with these details. He seems not to want to sell it but to hold onto it as it is the last piece of me if you like that he has.

I just dont see how I can begin to remove myself from the mortgage and give him the house if I dont know who I have a mortgage with.

Things are far from amicable. He was a bully and a controller and a very violent and volatile man. He is kept away from me via Police and is well known to them for a variety of reasons. His time in civvy street shall we say is very limited.

Anything else you wish to know please ask.

Scallyally,

Land Registry record is £3.00

It contains details of any lender of a mortgage on the property

Link to site:

www.landregistry.gov.uk/www/wps/portal/FindAProperty


Sample content of a report:

Title Number : CS72510
Address of Property : 23 Cottage Lane, Kerwick, PL14 3JP.
Price Paid/Value Stated : £128,000
Registered Owners : Peter Andrew Bartram and Susan Helen Bartram of
: 23 Cottage Lane, Kerwick, (PL14 3JP).
Lender : ILKINGHAM BUILDING SOCIETY

Get cracking...
Mike