Final hearing

Re: Final hearing

Xh.p — Mon, 01 Jun 2026 12:39:05 +0100

I have proceeded with a D11 application terry.
I have supplied a witness statement and exhibits.
I will also forward over the same bundle to her solicitor
Been left with little Choice- she is on purpose trying to make my life hard- Either that will get her to accept or risk more legal fees with her solicitor.

Re: Final hearing

David Terry — Sat, 30 May 2026 08:37:56 +0100

Bearing in mind that you are only £5,000 and presumably corresponding with her solicitor it seems very likely you will reach agreement, Certainly the difference hardly seems worth going back to court about. Perhaps they are dragging their heels. There is nothing unusual about that. Sometimes delay suits one side more than the other.

You could suggest a proper valuation by a building surveyor with the valuation to be binding and the costs borne equally if you want to be very precise about a valuation. It seems simpler to haggle to meet at some point within the £5,000 difference,

Re: Final hearing

Xh.p — Fri, 29 May 2026 23:09:28 +0100

Hi Terry,

My ex came back with a counteroffer a few days after initially giving an outright no. They came back saying the estate agent values the property at £X, so she is willing to accept £X.

She does not want to take into account the estate agent fees that would be saved if I purchased the property directly. Also, she was previously prepared to accept less than the estate agent's valuation from a third-party buyer.

We are only £5,000 apart in valuation. I have gone back and increased my offer to meet her in the middle of that £5,000 difference.

I gave them a deadline to respond, but I have still had no response. It feels like they are deliberately dragging their heels.

What can I do?

Thanks,

Re: Final hearing

David Terry — Mon, 18 May 2026 17:26:42 +0100

Before making an application like this it would be sensible to take proper legal advice. This is not a routine application.

Re: Final hearing

Xh.p — Mon, 18 May 2026 14:19:09 +0100

My offer refused with no Explanation or counter off.
It’s a D11 form i require ?

Re: Final hearing

David Terry — Thu, 14 May 2026 18:46:09 +0100

It's good evidence and it's in writing.

Re: Final hearing

Xh.p — Thu, 14 May 2026 16:38:23 +0100

Hi Terry. The only evidence i have is an email from estate agents to confirm she has accepted the offer. Not sure if that is valid or not

Re: Final hearing

David Terry — Thu, 14 May 2026 08:44:15 +0100

You can go back to court if you can prove you are prepared to offer a figure which she was willing to accept from someone else. The best evidence is an offer in writing from a third party which she has accepted in writing. Emails will do. But if everything was 'verbal' you can be quite sure you will be met with denial. Hard proof is what you need before going back to court.

As to how long is reasonable to wait for a reply seven days should be sufficient. However, whatever timescale you choose you should be explicit about it. Something along the lines of, 'I await your response by 4 pm on X date. This requires your urgent attention because (whatever the reason is). If I do not receive your response by X date I will (whatever you are going to do).' If that whatever is make a court application you need to go on to say that if you have to make such an application that will include an application that she pays the cost.

Re: Final hearing

Xh.p — Wed, 13 May 2026 20:52:08 +0100

Hi Terry, hope all is well. Price has been reduced twice and still not any closer to selling
We’ve recently had some Verbal offers which we both accepted. The buyer then went cold Turkey.
The offers were close enough to what i originally offered. ( and rejected)

I have gone back in and matched the offer. How long is reasonable to allow them to respond. I have enough evidence its become apparent where she wants to sell to anyone but me.

They also refused my request to put
Mortgage on a tracker as it’s currently on a variable rate

Re: Final hearing

David Terry — Thu, 02 Apr 2026 16:28:04 +0100

>>Do i need more evidence than that ?

Yes. If you are minded to go back to court I would suggest you ask a solicitor what evidence would be required before wasting your money. What you cite would be insufficient.

Re: Final hearing

Xh.p — Thu, 02 Apr 2026 07:13:23 +0100

By cast iron evidence- there is a property on the market in the same borough for the same value i put forward to buy her share.
Property sold within last 12 months was sold for less than what i put forward.

Do i need more evidence than that ?

My fixed rate mortgage ends this month and it’s me that has to pay for it on a variable rate-

Re: Final hearing

David Terry — Wed, 01 Apr 2026 18:33:08 +0100

The most common reason for a refusal is that. H says house is worth £100K and offers to pay 40% which is £40K. W says house is worth £110K (or £150K or whatever). What H says may be as unrealistic as what W says. Without the property having been sold to a third party at market value it is a matter of opinion what the property is worth.

You can (and should) make a court application if your ex is just being unreasonable and that she wants to sell it to anyone other than you. BUT if you make a court application you should have cast iron evidence of what the property is worth and you should have presented that evidence to your ex, invited her to accept that evidence and told her that if you have to go back to court about it you will seek the costs of the application from her. If you neglect the latter you will not get your costs and may, indeed, be ordered to pay hers if the court thinks you have been unreasonable. You must show you been reasonable and able to prove it with evidence (not mere assertion).

Re: Final hearing

Xh.p — Wed, 01 Apr 2026 17:08:10 +0100

Is it a D11 form?

Re: Final hearing

Xh.p — Wed, 01 Apr 2026 16:46:19 +0100

My request to buy out her share has been refused with no reasons.
What process do i need to follow to take this back to court ? Does the judge that made the order need to be contacted?

Re: Final hearing

David Terry — Tue, 31 Mar 2026 09:32:35 +0100

You have a court order which provides for sale and a percentage division of the sale proceeds so you don't need another. You will need a solicitor to handle the conveyancing so it might be simpler to get that solicitor to handle the wording once you have explained the context. For what it's worth that's why I said you need a solicitor to handle the conveyancing. The context probably rules out using a licensed conveyancer for the transaction.

Re: Final hearing

Xh.p — Tue, 31 Mar 2026 08:35:56 +0100

Hi Terry,

Property still on market and not sold. I have managed to gather the funds to pay her share of the 40% the court ordered. Funds via family. I can take over the mortgage.

I need to be carful how i word my proposal? Any tips

Will a consent order still need to be drafted and signed in my case

Re: Final hearing

David Terry — Sun, 23 Nov 2025 16:58:21 +0000

Properties are worth what a buyer will pay for it regardless of any 'valuation'. It is by no means unknown for estate agents to value a property at a higher price than they think it will realise just to get the business. In any case it is often sensible to begin marketing a property at a price slightly higher than market value precisely so there can be some flexibility in the negotiation of a price.

Courts have to put specific provisions about sale in court orders in order to make them enforceable but if a property has been on the market for months at X price with no interest shown then the court will listen to further evidence from an estate agent as to what sort of price is required to generate interest. You can either be flexible and listen to what the estate agent has to say or your ex can take it back to court to get a direction to follow the agent's advice as to price. If the latter becomes necessary you run the risk that you will be ordered to pay your ex's costs. You will only be able to justify holding out for a higher price if you have evidence that such a price is realistic to aim for. Given the history so far it looks as though you may struggle to do that.

Re: Final hearing

Xh.p — Sun, 23 Nov 2025 13:38:10 +0000

Hi Terry,

Final order received now.

The property has now been on the market for four months, and we’ve only had two viewings and one offer, which was around £25k below the agreed asking price.
Asking price is £230k ( she accepted that offer and i did not, and her solicitors accused me off dragging my heels)

The court order stated that I propose three agents and valuations, and my ex-wife chooses one. She selected the agent, and we both signed to list the property at the valuation that was agreed at that time.

My question is: what happens if the property isn’t getting enough interest and my ex-wife wants to reduce the asking price?

I don’t want to accept an offer that is £25k (10–15%) below the current price. My ex-wife isn’t concerned because she’s living abroad and will accept whatever she can get.
That £25k will help with stamp duty and moving cost for me.
If she wants to lower the valuation or force the price down, does she need to apply for another hearing or court order to do so?
As i am not prepared to accept a lower price then what was agreed in July/August.

Re: Final hearing

David Terry — Fri, 03 Oct 2025 17:21:48 +0100

Just write to them and say that if they don't reply to your request about a final order within 7 days then you will apply and if you have to do that then you will seek the costs from them

As to the price of the house you would need further advice from the estate agent if there was no interest at the original suggested price

Re: Final hearing

Xh.p — Wed, 01 Oct 2025 10:59:08 +0100

Hey Terry, for the past 6 or so weeks i am trying to find out from
The ex wife solicitor whether she plans to apply for a final order- however getting no response.
Am i right in thinking if they don’t want to reply with a yes or no answer i might just delay the selling of property and drag my heels…

Also, the property is getting very little viewing to begin with, the order stated to be put on market at a value on the advice of estate agents, in which we did and both agreed on the valuation of agent.
Can she turn around in say 6 months time if it has not been sold and say we need to
Lower the price ?

Re: Final hearing

David Terry — Fri, 01 Aug 2025 08:54:34 +0100

One simply applies for it. If the application is by the person who issued the divorce petition then the application is dealt with as a matter of paperwork. If made by the other spouse there has to be a formal appointment when parties are expected to attend. The latter involves more cost. If more than 12 months have passed since decree nisi (or conditional order) then the court needs certain additional information which is not usually any problem but it is a step which is not required if the application is made within 12 months of the conditional order.

Re: Final hearing

Xh.p — Thu, 31 Jul 2025 10:08:06 +0100

Good morning terry,
How is a final order now obtained ? ( decree absolute )

Re: Final hearing

David Terry — Sat, 05 Jul 2025 17:48:05 +0100

>>As the home has to be sold- the judge did not really put a timeline on when and value to be sold at?
He did say i hope you sell it for as much as you can to help both of you out.<<

I would be surprised if that was correct. Without some sort of timescale an order for sale would be unenforceable. There will be a means of enforcement in there somewhere.

>>Also my barrister did mention that if you suddenly want to buy out her share, you can but just make sure the monies a gift from family. Is this correct ?<<

I suppose the point being made is that the source of funds which would enable you to buy out her share must not be a source which is inconsistent with your arguments before the court. If it was inconsistent then that could be a ground for your ex to seek to have the order set aside for meterial non disclosure. And, of course, if you try to do this you can expect to have an argument about valuation but in principle it can be done.

Re: Final hearing

Xh.p — Sat, 05 Jul 2025 13:50:43 +0100

As the home has to be sold- the judge did not really put a timeline on when and value to be sold at?
He did say i hope you sell it for as much as you can to help both of you out.

Also my barrister did mention that if you suddenly want to buy out her share, you can but just make sure the monies a gift from family. Is this correct ?

Re: Final hearing

David Terry — Thu, 03 Jul 2025 11:31:54 +0100

These things are always stressful. Now that a decision has finally been made you will be able to put all this behind you after the order has been implemented.

Re: Final hearing

Xh.p — Thu, 03 Jul 2025 08:08:12 +0100

the journey has come to an end. My final hearing was yesterday. It has been a hard battle as a litigant in person and I sincerely thank david for all his help on this forum.
Although my barrister was excellent in pleading my case and cross examination yesterday the judge settled on a 60/40 split in my favour and house to be sold.
The wife played the teary victim card and although i was excellent when getting cross examined the judge felt i was at times arrogant in my responses and sarcastic. My barrister had to remind me im not a lawyer.
No order to cost.
Judge didn't believe account that wife took rolex watch with her to my shock but is what it is.
All in all she’s spent most of her saving, paid a total of 23k in legal fees and walks away with 15k profit. In Which that will still decrease as she will still speak to me through solicitors on the sale or house.
It’s been emotional time just glad i can move on now. ( although the other side is extremely petty sending me anonymous text )

Re: Final hearing

David Terry — Thu, 26 Jun 2025 16:58:54 +0100

Depends what's in this 'bundle'. If it contains documents which are not permissible for one reason or another at worst the hearing might have to be adjourned at your expense. You should not do this without first taking legal advice to avoid that risk.

Re: Final hearing

Xh.p — Thu, 26 Jun 2025 13:46:06 +0100

Am I ok in producing my own bundle with documents they do not want to include.
Serving the other side a hard copy and the judge a hard copy on the morning of the hearing?

Re: Final hearing

David Terry — Thu, 26 Jun 2025 12:04:43 +0100

The reply suggests that your documents will be included but without annotations added by you. That is correct. You are entitled to put forward the documents you would like included but they must be the original documents and not ones that you have annotated. To the extent that you are making points in those annotations those points can be raised by you in cross examination and in submissions at any final hearing if the court considers them relevant to the issues which have to be decided.

Re: Final hearing

Xh.p — Thu, 26 Jun 2025 11:52:45 +0100

Hi terry, i have sent over documents requested to be included in hearing bundle.
I have highlighted her statements where shows excessive spending
Her solicitors reply.

All four of your emails containing the additional disclosures you wish to include in the bundle were unfortunately filtered into my Junk mail folder. As such, I have only just become aware of them.
I have not yet had the opportunity to review the documents in detail. However, I note that you have annotated some of the documents. Please note that I will not be including annotated versions in the bundle; instead, I will use the original documents as provided during the disclosure process.
I will shortly provide you with the index for both the core bundle and the supplementary bundle.
In accordance with the court order, the core bundle will remain the same as FDR Hearing

What can i do?