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How to Force the Sale of the Marital Residence After Divorce

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  • 02-25-2018, 07:52 AM
    bjornen
    How to Force the Sale of the Marital Residence After Divorce
    My question involves a marriage in the state of:NY
    I have sole occupancy and use of jointly owned home which I would like to sell now. Nothing in our decree stipulates time frame of sale. How can I get ex to comply with selling the house? Will I have to take him to court? Can a judge force the sale? What do you all suggest to do here? Thank you!
  • 02-25-2018, 08:00 AM
    flyingron
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    What is he not complying with? A judge can certainly hold him in contempt if he won't comply by the decision.
  • 02-25-2018, 08:18 AM
    bjornen
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    He is not responding to meet with realtors to sign contract to put house on the market. Knowing how my ex is, he will try his utmost to prevent the sale or at least stall it. I wish to sell the house asap possible. I was reading about Partition Action - would anyone know if that is the only route? Can a family court force the ex to agree to see within a certain amount of time?
  • 02-25-2018, 10:45 AM
    Mr. Knowitall
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    You would not want to spend a ton of money on a new action for partition and sale, when you already have a divorce case and judgment and a high probability of getting relief much more quickly and at much less expense through the divorce court.

    Have your divorce lawyer review the exact language of the judgment that relates to the post-divorce use and sale of the home, and advise you as to what, if any, restrictions or duties are imposed by that language. You may have to go back to court for clarification of the divorce judgment, or for an order seeking your ex's compliance and cooperation with the sale.
  • 02-25-2018, 11:21 AM
    bjornen
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    "Have your divorce lawyer review the exact language of the judgment that relates to the post-divorce use and sale of the home, and advise you as to what, if any, restrictions or duties are imposed by that language. You may have to go back to court for clarification of the divorce judgment, or for an order seeking your ex's compliance and cooperation with the sale."

    I have don't have the option to consult w an attorney.

    How would a clarification of the divorce judgement work? The stip only states that I have sole occupancy and use until the child graduates High School - no other language mentioning anything about a sale of property.
  • 02-25-2018, 02:53 PM
    flyingron
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    Well it sounds like you needed an attorney back when you drafted that incomplete settlement and you're not likely to get anywhere without one now.
  • 02-25-2018, 03:13 PM
    jk
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    Quote:

    Quoting bjornen
    View Post
    "Have your divorce lawyer review the exact language of the judgment that relates to the post-divorce use and sale of the home, and advise you as to what, if any, restrictions or duties are imposed by that language. You may have to go back to court for clarification of the divorce judgment, or for an order seeking your ex's compliance and cooperation with the sale."

    I have don't have the option to consult w an attorney.

    How would a clarification of the divorce judgement work? The stip only states that I have sole occupancy and use until the child graduates High School - no other language mentioning anything about a sale of property.

    So what was supposed to happen after the child graduates high school? Based on that excerpt it would appear it goes into limbo. It says nothing about you being awarded anything from the home sale nor does it state you have a right to sell it.


    Unless there is a lot more youve left out, you’ve got a lot of problems.
  • 02-26-2018, 03:56 AM
    bjornen
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    unfortunately it doesn't state anything about sale. It only says upon sale we will split proceeds 50/50 after I get credited principal paid. And that I have exclusive use of house until HS graduation. So if he doesn't agree willingly I have no choice but to go to a judge and ask them to compel him to sell. Has anyone experienced this or heard of this?

    i did have an attorney - i am well aware that the agreement could have been a lot better and therefor I am asking this forum for help - not to point out the obvious!
  • 02-26-2018, 09:29 AM
    jk
    Re: Divorce - How to Force Sale of Marital Residence After Divorce
    Quote:

    Quoting bjornen
    View Post
    unfortunately it doesn't state anything about sale. It only says upon sale we will split proceeds 50/50 after I get credited principal paid. And that I have exclusive use of house until HS graduation. So if he doesn't agree willingly I have no choice but to go to a judge and ask them to compel him to sell. Has anyone experienced this or heard of this?

    i did have an attorney - i am well aware that the agreement could have been a lot better and therefor I am asking this forum for help - not to point out the obvious!

    Well, although it is the obvious but you do need an attorney. Another obvious point is that you are likely to compound your problems if you choose to not hire an attorney.

    Your decree really needs to be read in its entirety to know what options it may allow. That is, again, and obvious, where you need an attorney.


    Sorry but its a lot harder to get out of a mess like this than to get into it.
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