Sell house before final settlement? [Advise & Recommendations]

mehmench · 2022-08-26T22:25:01+00:00

if she isn't willing to come to the table you just don't have a lot of choices. Wait for the court date, stop trying so hard and get your ducks in a row with what you want to offer before the court date with your attorney.

An upcoming court date is a really good motivator to come to an agreement but if she is avoidant - well that is a method of control. Stop letting her control the situation by chasing her for a deal. Instead work out what's acceptable to you in different layers, optimal, acceptable and worst case scenario before you go to trial. It's a good bet that right before you go to trial she's going to try to negotiate with you and at this point it's time to tough it out and prepare for that.

Also, she needs to get a job and you need to make sure that whatever your state's motivator is for that - that it's included in your final judgement. In California it is referred to as 'the gavron warning.' When calculating spousal support make sure her income is being imputed to at least the local minimum wage at full time. In California, Spousal support is intended to be rehabilitative and not permanent. Your state may be different.

sicrm · 2022-08-27T11:05:31+00:00

I currently pay $10k/mo in court ordered temporary support + $4700/mo for the mortgage.

I asked all this to the attorney too, but haven't heard back from them.

if I was making the money you are, I’d get a lawyer that either answers me right away or works with someone who will.

if they aren’t then they better be either head and shoulders better than other lawyers in that area or know the judges well.

one story I read said selling the home was a mistake. it gave his ex a war chest to use against him and she took full advantage.

it’s something to ask a lawyer about (current or one you book a consult with).

Aromatic_Boot3629 · 2022-08-28T01:08:09+00:00

WA state here too.

We ended up selling the house (luckily nailed the peak of the market) way before settlement date. After all was said and done $700k was sitting in escrow waiting for us to finalize the divorce.

As I was getting my ducks in a row before filing, I leveraged our savings account and paid off every cent of debt we had. Only left $30k in savings which the temp order had us split 50/50. You know as well as I do that $15k doesn't get you very far in WA.

That juicy $350k of her money sitting in escrow was an extreme motivator to get her to agree to a fair settlement. Her lawyer ran her dry very fast, and her business is still in its early stages and not making near enough for her to live on.

I'd say sell now and dangle the carrot right in front of her face.

gnackered · 2022-08-27T14:55:21+00:00

Are you still living in the house?

If you were to sell the house and the support order was modified so it was increased to cover her rent you have $4700 or 2350 to play with in rent. Then you don't have to worry about the furnace busting or the like. I would put it on the market if she would agree.

In general, it sounds like she isn't going to do shit until the trial approaches. Get ready for the continuance to be filed and the trial to be moved to April. Maybe if the house sells then she will get her separate apartment and will have less of a tangible benefit of dragging shit out.

deadBeefCafe2014 · 2022-08-27T19:02:57+00:00

Nope. Do not sell. Your STBX doesn’t want to play ball.

She can come to the table on the 7th, or she waits until January.

david10277 · 2022-08-27T20:04:34+00:00

Hmm..

I thought about selling but I'm gonna hold on until mediation and trial approaches. Gives me better leverage. If I sell now money will go into escrow until we settle. The prize will be known. When people see theres 100k locked up somewhere ..and it's possible they and there lawyers will do anything to get to to the carrot.

My ex moved out and provided zero help to the home Bill's. My lawyer did a great job in saying she gets no spousal support since it's being off sett by her portion of the matrionmal home which she contributes zero..

Do not give them any ammo to fight you more. Let everything remain frozen and run out the clock .

My ex is now interested is a settlement discussion after 16 months of delays as I assume shes running dry and those lawyers dont work on commission ... Let them run out of money and take the wind out there sale.

david10277 · 2022-08-28T20:04:43+00:00

I would not piece meal it ..

Bundle it all and sell at as a golden parachute It will be her windfall.. (that's how she may see it)

All or nothing..that's my approach.

captainchippsixx · 2022-08-28T20:41:27+00:00

Do what is good for you and to protect your future. Don’t give in unless it’s what you want for a outcome. Be a hard ass on whatever you can.

If she continues to get $$$ and not divorce. she doesn’t have to pay taxes on it. You should look into tax liability once this all goes down.

Your lawyer should have a feel if support is going to be higher or lower. What are they telling you?

Title	Sell house before final settlement? [Advise & Recommendations]
Author	Gattsama
Upvotes	6
Comments	11
Date	August 26, 2022 9:36 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/wykz6f/sell_house_before_final_settlement_advise/
Archive Link	https://theredarchive.com/r/Divorce_Men/sell-house-before-final-settlement-advise.1129209 https://theredarchive.com/post/1129209

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