Can anyone help with my query?

At my recent divorce hearing, the Judge made an order that the FMH would be signed over to me and that I would take the mortgage on in my sole name, although there would be a 30% charge back of the gross sale price of the house to my ex husband. The Judge said that I should sell the house when my youngest son reaches the age of 18, which will be in 2 years time when I must sell the house and give my ex 30% of whatever I sell the house for. (Incidentally my husband has also managed to purchase a house since separation which is of similar value to the FMH and I had been paying the mortgage on the FMH for the past 14 years, I also have a £75,000 mortgage on my property).

With house prices fluctuating at the moment does anyone know if my ex is en­title­d to have a say regarding the price that the FMH is sold for. The house was valued at 375k during the divorce proceedings but I know I would be lucky to ge 300k for it now. what I want to know is if I decided to sell it for 200k is there anything that he could do about it, if the Judge did not stipulate that the house should be sold at the market value at the time.

Any views would be appreciated

Chezza

After the terms for selling there is usually a clause 'or further order' so if you can't agree about selling the house the matter can be referred back to court.

I think that any term like this would mean selling at the then market price - otherwise you could sell it to your auntie for a fiver ! Of course what is a fair price is always arguable; I'd say that as it was valued during the divorce one would take a nationally recongised house price index (eg from the land registry) and calculate what it will be worth when you come to make the transaction in 2yrs time. No one can argue and an expensive legal battle will cost more than 30% on the undervaluation you hope to get away with.

Maybe you could agree this now so that the basis in 2yrs time is known and it doesn't open old wounds again.