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Offer from ex

  • tinkerbell123
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22 Jun 12 #338446 by tinkerbell123
Topic started by tinkerbell123
I am in total turmoil and need advice before I answer ex''s lawyer. Quick synopsis - we are now divorced, ex left 4 years ago for OW leaving me to continue paying mortgage, bills etc and supporting our 2 children. CSA finally caught up with 2 years ago - woohoo.

The marital home has been on the market for 18months and although people interested there have been no offers as they are waiting to sell their own. Children and I had to move out of the home and town as they needed to move school so it has been lying empty.

During this time the ex changed all locks and refuses me access (although still my house too and I pay the mortgage). I can''t afford a lawyer to pursue this. During the last 6 months he is the only one who has been showing viewers around and I am concerned he has been putting viewers off as he has now put an offer to me that he buys the house for 85% of its home report value. This wold leave me then having to further give him £20k which I do not have and would not be able to borrow. I would be happy to sign the house over and walk away with nothing.

He is eager to get the house as his girlfriend is due a baby in 2 months. I just feel it is so unfair that I could be left in huge debt in rented accommodation with the kids while he gets a big lump sum, a 5 bedroomed house while they rent his girlfriend''s flat out to cover the mortgage. They get the house, wait for the market to pick up again and make a killing.

Surely I am being disadvantaged? What should my reply be? I am happy to sign it over but not at a cost which makes me and the children destitute. Please advise.

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22 Jun 12 #338469 by ScotBob
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Quick question...if you are not living there and he is then why are you still paying the mortgage? or rather should he not be paying you rent?

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22 Jun 12 #338502 by tinkerbell123
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i was still living there when the Separation Agreement was signed two years ago and i agreed to pay till house was sold thinking i would always live there. he hasn''t moved in yet so house is still empty.

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23 Jun 12 #338528 by hawaythelads
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Your answer should be no,
And I''ll be needing half the running costs off you matey as it''s jointly owned.Otherwise I''ll stop paying anything and it''ll be repossessed.
If you want the house for expediency I''ll need £20k to even consider taking my half ownership off the deeds.
Because he won''t be able to get a mortgage otherwise.
Why haven''t you rented it rather than it standing empty btw?
All the best
Pete

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23 Jun 12 #338541 by tinkerbell123
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I had planned to rent it out and had a tenant lined up but ex refused to agree to let it happen.

Having slept on it over night I have tried to put my sensible head on.

Surely, according to family law the matrimonial assets are valued and divided equally ie. We get a new valuation/ Home report for the house and the house is transferred to him for that price. He can''t get a valuation and then say "Yeah but I only want to pay ? that amount and you give me £20k in cash" (leaving me worse off).

I mean that is what happened to my pension it had a CETV and that was what a calculation was based on. I didn''t say my pension is worth £80k but I will only pay you £50k because it might not be worth that when I retire???????

Does anybody know the legalities?

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25 Jun 12 #338879 by tinkerbell123
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Hi,

Is anybody able to give me words of wisdom before I have to consult my lawyer please???????

Should our home be revalued by surveyor and that value be taken into account in transfer of deeds or is he able to push for any price he likes so that I have to make up shortfall in cash - which I can''t afford.

Now that he has shown an interest in buying it how can I be sure he isn''t putting off any buyers he is showing round or perhaps have made a deal with a buyer to sell it to them for a certain price after I have given it to him for the knock down price he has asked?

Please help?

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25 Jun 12 #338890 by rubytuesday
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Tink

Is the sale price of the house stipulated in the SA as being of a certain amount?

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