Final hearing

>>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.

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

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.

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 ?

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

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.



Edited 1 time(s). Last edit at 11/23/2025 01:39PM by Xh.p.

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.

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

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.

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?

Is it a D11 form?

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).

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-

>>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.