selling home

OraleEse13 · 2022-03-26T22:15:58+00:00

Yes, she can drag it out. Depending on the situation, you can Motion the Court to permit the sale without her permission if you can demonstrate bad faith on her part. Stopping paying the mortgage will just fuck your credit, get you in trouble with the judge, and maybe even foreclosed on where you lose all equity. So, don't do that.

Gattsama · 2022-03-26T23:15:06+00:00

Exact same situation as you. We bought our house in 2011 for $530k (bank owned, after foreclosure). It's now worth ~$1.4 million. I don't want it and she can't afford it. My name is on the mortgage and both our names on on the title. I need my name off he mortgage and I will not walk away from that much equity. She wants the house but is a stay at home house wife with no kids and hasn't worked for 12yrs+. She wants the house but can not afford it (even if got a job tomorrow would need to make $100k/yr just to sneak by). We have gone over the numbers multiple times, there is currently a housing bubble (greater Seattle area) and homes are selling for over asking price.

But she is dragging her feet!! And she refuses to talk to me, wants everything through the lawyers. I proposed we list the home in May and close in June. That would have given her about 4 months to figure out her next move. But her lawyers ignored our proposal, declined mediation and state they have so much more work and prep to do before we can proceed. And maybe we could consider mediation end of May or early June. Meaning would be lucky to get house on market by end of June early July.

There's really nothing I can do, but wait. Worst case NEXT YEAR a judge or arbiter can order the sell of the home. Until then u just keep paying for everything (might get a small credit for that). On one hand I can understand her situation, going from our bomb ass super house to whatever her next down grade is, I pay for an extra year of 'free support', etc. But if we miss this bubble who knows know long it'll take to sell the home or how much. She is most likely losing money by waiting.

I suspect she wants the extra free time, doesn't want to rush, she knows this is what I want so blocking out of spite, her lawyers are trying maximize billable hours, etc.

As pointed out do NOT stop making payments. The courts will take that as abandonment, your credit will get fucked, and it will only increase hostilities.

Good luck brother 🙏

HelixFish · 2022-03-27T14:20:00+00:00

Who is on the mortgage? Who is on the deed?

pegleg_legal · 2022-03-28T05:08:18+00:00

It is typically better to sell the home as a part of the divorce settlement, not in the course of the divorce because it just creates a slush fund for more problems. Even contested divorces have agreements on some issues so there is some point to try to reach agreement on the sale because that will be the fastest way. Usually we agree on a value and then say that any offer within x% of that value cannot be objected to by either party. And also put very specific agreements on when, where and how much to list as well as the agreed real estate agent and a time limit for sale at that agreed price.

There are so many ways to delay the sale that you need to have a detailed clause on this. But almost all divorce attorneys can draft these clauses pretty well.

JonathanApple · 2022-03-29T18:53:06+00:00

My ex dragged it out as long as humanly possible. Take it day to day. Courts give these opportunities and she took advantage of every single one. It sucked but what can ya do?

Title	selling home
Author	anonuser637373
Upvotes	4
Comments	9
Date	March 26, 2022 9:58 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/tp55rb/selling_home/
Archive Link	https://theredarchive.com/r/Divorce_Men/selling-home.1110111 https://theredarchive.com/post/1110111

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