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GMSIKW

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Subject: Ex wife refusing to sell property in Clean Break agreement Posted: Saturday, June 6, 2015 - 08:57:33

In July last year i finally after 3 years of trying managed to get my ex wife to attend a financial settlement hearing to finalise our divorce which had been granted the year before. It was agreed after much toing and froing that my ex wife would recieve 100% of the proceeds of the former marital home under a "Clean Break" agreement, the proceeds of this minus the outstanding mortgage of around £140,000 would be used to pay off her credit card debts of around £30,000 that she had run up after we split with the rest to go towards a new property for her and my 2 sons (13 and 16 at the time) also it was agreed that we both contribute 50% of the monthly mortgage payment (£520 each) until the property was sold.

 Previously we had been instructed by the court to obtain 3 market valuations from local estate agents as a starting point for negotiations when we got to court. My ex wife suggested 3 agents and she decided to go with a valuation of £390,000. Once the property went on the market shortly after the hearing it soon became apparent that this was wildly optimistic with only 2 viewings in roughly 2 months with no offers. In september we agreed to change agents and the asking price was dropped to £365,000 even tho i always believed that £350,000 was the true value. We are now in July and after around 30+ viewings we have recieved 2 offers on of £335,000 and £350,000 both of which my ex wife has rejected. The 2nd higher offer was from a couple who were cash buyers in no chain and ready to move imediately.

 My ex's argument is that as she has already reduced by £25,000 she cannot afford to reduce the asking price and had already refused any attempts to reduce previously when we hadn't recieved any offers at all, i even have a letter from our estate agent suggesting that £350,000 would be a more realistic asking price but she refuses to budge.

When i suggested that we may have to go back to the court to get them to set the asking price i recieved a letter from her solicitor stating that thought as the house had been overvalued they would try and get the clean break order overturned, is this possible? The only reason i decided to sign away all my rights to any equity in the house was that after nearly 3 years and roughly £25,000 in solicitors fees was that at least if i got a clean break she would not be able to come back to me in the future once the house was sold. Never in my wildest dreams did i think that nearly a year and £6000 in mortgage i would be no further forward.

It seems to me she is very happy sitting in a house she cannot afford to keep on her own having half her mortgage covered every month. She's refusing to acknowledge the true value of the house and is intent to sit it out, When we recieved the 2nd offer of £345,000 which was subsequently raised to £350,000 she emailed me and the estate agent to say that she couldn't make her finances work but would except £345,000 if i was prepared to make up the £15,000 shortfall, could this be construed as blackmail?

My oldest son has now left full time education and is working, i do not pay any money to the CSA for him now but i do for my youngest who is 14. would the court views things differently in a years time when my oldest turns 18 and technically an adult?

Can somebody please tell me what i can do to sort this whole mess out, Ive kept my side of the agreement by continuing to pay my half of the mortgage but I'm no nearer to restarting my life a year down the line. I'm very lucky to have a very understanding partner who continues to support my putting a roof over my head despite my not being able to contribute properly due to this ongoing situation. Also I'm very reluctant to go back to cort with all the associated legal cost, as i said it cost me £25,000 last time to come away with effectively nothing.

 

 

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