Hi,

I have a legal charge on my ex-wife's house expressed as a proportion of the original purchase price. The legal charge was at her request when capital settlement was decided. Now 6 years on, she wants to discharge the legal charge. The problem is, she has since extended the property and we cant agree on the market value of the un-extended house.

The legal charge states that my proportion should be on the open market value of the house at the "repayment date".

I maintain that the fairest way to establish the market value (open market value now doesnt exist) is to compare the un-extended property with comparable properties.

My ex wife maintains that it should be the valuation of the extended property less cost of building the extension.

Who's right ? Thanks for any opinions