Query

Just his name on the deeds? Or both of you?

Sorry for not making that clear; both our names are on the deeds.

Did you see a solicitor and have financial settlement, re pensions, property etc? Sorry about the questions but that should make it clear. How lengthen house takes to sell won't make any difference to ownership, though if the price needs tobedroppedthere might be provision for that in the settlement.

Yes, all sorted via solicitor/judge. House seems to be taking a while to sell. Quite a few viewings but no offers as yet. Perhaps just not the right time of year.

Apparently the days after Xmas are the new rush period for viewings and sales. People go online on Boxing Day and get going in the Twixmas break!
I read that the thing is to make your house look like the house that everyone wants to have Xmas in. Get that tree out and loads of sparky lights. If you don't get many cards go and buy some to fill the spaces. Dot invitations around. Bake before they come for a viewing.
Now we have to sell a lifestyle not just a house.
Good luck! Ill be doing the same.(smile)

Maybe reduce the price, starting?

Thanks, humptydumpty - it's been reduced by a couple of grand already.

Did the final settlement include his receiving half the proceeds of sale of the house? If so then you would either have to sell or buy out his half share.

Not half the proceeds of sale, but a proportion, yes.

If you want to keep the house, could you agree a valuation with him and borrow enough money to buy him out?

I would move heaven and earth to try and buy him out if at all possible. I sold the marital home when I divorced in 1984 and though I have done alright I have often regretted not trying to hang on to it.

Startingover16
Get to a solicitor immediately This is the only way your questions will be answered and you need to secure your
future.
Good luck

Buy him out if you can, i lost out big time, he stayed and now the house is worth twice as much without him having done anything to it. Get a good deal though, point out things that need doing etc - good luck.

Do you want to keep it or are you desperate to move out????

I would have thought he is entitled to half the proceeds after all expenses such as estate agents and solicitorsare deducted and after your expenditure since he moved out has also been deducted. Keep a note of all expenditure including things like decorating and window cleaning. As others have said buy him out if you can, property is still the best investment. I would say the length of time it is on the market won’t entitle you to more of a share just more to deduct based on what you have spent on the house in his absence. If it lingers on the market he may be willing to settle for less of a share to access the money to enable him to buy another property I would imagine.

Thanks for all your replies and advice. Plenty of food for thought there!

Sorry to hear this ....did your solicitor not ask your ex for his financial breakdown, and you should have also been asked to provide this, When I got divorced I was luckily working for a divorce lawyer ...so I told him the house is mine ...he said no, you have to sell it and divide the proceeds ...NO I said ....I kept all papers, etc to show that it had been me who saved for the deposit,, bought the furniture, paid the bills ....ex had a good job as a director of an ins broker in the City and a very good salary ..BUT he was a compulsive gambler, and every penny he could lay his hands on was spent ....he even used to sell things of mine and our (then) small daughters' ! He took out a loan on which he forged my signature for £10,000 .....I managed to prove I had no knowledge of this and that request for payment from me was overturned by the Court. Longer story short ....I got the house in total .....I did give him half a cancelled insurance policy monies .....I then had to pay the mortgage off, sell the house and move 200 miles so I could afford to buy another house outright. He married the woman he left me for .....bought huge Vicarage, etc etc ....then had it repossessed as he never paid the mortgage ...the woman rang me up as asked why I didn't tell her he was a gambler !!!! Now why would I ?? /// I am really surprised this was not made a part of the Divorce proceedings //but, if you can, or want, to keep the house, have you kept all the paperwork from your first divorce (198 o someting, ) that you mention ...and who paid the mortgage or cash, for your present house.....and your contributions to the marriage .i.e. what did you pay for ? How likely is it you can get a job to support another mortgage or household expenses ? Is he contributing to the mortgage (if you have one) since he left, if not, all the monies you are spending on what is presently regarded as a joint asset, should be taken into account when you do sell and have to make a payment to him, It doesn't seem that your Solicitor advised you very well from what you say ....could you not go back and see him ? Presumably your ex made no provision for you ....and don't forget you are now entitled to half his pension if this has not been included ...don't know your circumstances, i e age, or whatever ....you need to clarify this, HE left, and he will have to wait until you are ready to sell .....and please ensure in your final financial settlement he does not try to charge you interest from the date of the divorce until the sale .....and that he should pay half the sales fees, agents fees, any other sale related fees as well. This is only fair ! Good luck !

If the final settlement states that he is entitled to a proportion then he is. If the house is taking a while to sell maybe you need it re valued for a sale.

If you want to keep it, then you will have to buy him out, either case a revaluation at lower figure would help you to move forward. If you bought him out then a deed of transfer, for which I paid £500 and tansfer of cash via solicitors is far cheaper than selling up and moving. It depends entirely on your circumstances.

Depends where u live. I’m in Scotland and scots law is different from English. However, it would be well worth the cost of seeing your solicitor right now.

You will have to consult a solicitor about this. When my husband left me and remarried he had to sign the house (and contents) over to me. This is VERY IMPORTANT as at the moment your ex-husband's new wife would have a claim on your house if he should die before her. My advice is to get it sorted ASAP.

Are there any children op?

If he is on the title deeds he would be entitled to what you agreed previously if you have this written down and signed. [despite the house not selling - he is still entitled to his share - no matter who he is with now or how much money they/he has] He is also entitled to get a court order so that you have to sell the house - even if that means dropping the price.

If there is no legal agreement between you then you might be able to renegotiate with him.

You also might get more help posting on the mumsnet website.

mumsnet.com

On the face of it..it should have been dealt with in the settlement. I would very surprised if you would be allowed to "keep it" on the basis that you can't afford the upkeep costs. Surely, the "upkeep" costs would be the same as they are now...so why would you want to keep it? At this moment in time it woukd appear that your husband has as much right to the house as you have....I would tread carefully. As most posters here have suggested..."Buying out" seems to be the only option, based on what tou have said in your post.

You each own whatever proportion of the house was agreed in the divorce settlement. I'm afraid some vague idea that if it isn't promptly sold his share will somehow just 'go away' is pure fancy. Maintenance costs that occur in the period between divorce and sale are a matter for negotiation. It seems fair that they should be paid by both owners, in the proportion of their equity in the property. But beware of involving solicitors in a dispute over a few thousand pounds. If it goes beyond simply writing a letter, they can cost MUCH more than that.

You will have to buy him out if you want to stay in the Marital home. Why on earth would you be entitled to keep the house when both names are on the TD!. He would want his fair share from the proceeds of the sale. Is there a valid reason why he shouldn’t have say 50% or 45% or 40%. He can always take you back to court if you treat him unfailly and you cannot agree on how the money should be shared. You must have some idea of how much money your ex is entitled to.