House sale divorce

Excited93

Hi, if a house sale is being forced through a divorce settlement and one party wants to buy the other out. Can one party refuse to sell to the other party or who gets to choose? Thank you

C3PO

I would assume that unless agreement can be reached between the parties then the house would be put on the market and sold to the highest bidder whether that’s one of them or not.

Atlantic Dawn

Is there a mortgage on the house? If there is are both names on the mortgage?

Excited93

The situation is not our own. We have a bid on a house that’s currently for sale for the last few months. We are currently the only bidder according to the agent.

It appears that someone is stalling as the bid hasn’t been rejected, accepted or entering negotiation. The agent isn’t giving much away apart from saying that the house has to be sold. My understanding is that that is part of the settlement.

The situation is none of our business of course, but I don’t know the legalities of it. If it’s a case that one party can hold it all up we will probably move on as our own property that will part fund it is closing shortly. It would be considered a high value property from a bank perspective. It ticks all of our boxes so we are very keen on it.

We understand that the sale is due to a divorce so we are just wondering if one party could potentially block movement.

C3PO

https://www.boards.ie/discussion/comment/122906046#Comment_122906046

Yes - one of the parties can delay the process to a point. Both parties will be required to sign the sale documents and if one refuses then they can only be compelled by a court order which could take many months.

Royale with Cheese

I was sale agreed on a house that the seller just dragged their heels on and went nowhere for months. Found out eventually it was a divorce (completely kept from us even after we were sale agreed) and 2-3 months down the line the wife pulled the plug on the whole thing. I'd be very wary of buying any divorce house again.

spaceHopper

Are you close to the asking. Email the Estate Agent, saying you offer of xxx stands and you would like an answer as soon as possible. If you want to increase the pressure off the asking and say you need an answer by Jan 1st. In the mean time keep looking. Keep it all in writing as that leaves a paper trail for whoever is been stubborn to be confronted with in court. That way the house might comeback to you.