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  1. #1

    Default Sale of House

    My question involves a marriage in the state of:TN

    My ex-wife and I separated and divorced 3years ago due to her infidelity and her decision to leave the marital home. Both of our names are on the house, but in the 6 years of marriage, she only worked 1 year and only contributed financially for that time. I lived in the home solely (with our children staying there during my visitation for the past 2 1/2 years until I decided that the mortgage was killing my finances and decided to move into an apartment and finally sell the house.

    Now, in the divorce decree it stated that I was to refinance the house and have her name taken off of it which I couldn't do since when she left, she took the majority of the money I had in my savings with her and left me in the hole. In the past few years however, she has not lived in nor made a payment on the house. She has however come by and done damage to the house (throw things at the walls to cause damage, i.e. holes and scratches in paint) which I have had to pay to get fixed. To this day I still have not been able to refinance to have her name removed from the house, but I have decided to sell instead.

    I told her about 6 months ago that I would be selling the house and she said fine. I met with a real estate agent and had the house put on the market. Now, 5 months later I have an offer on the house which is less than what is owed on the mortgage but since I want to get rid of the house I have taken out a loan to cover the difference. Now all I need is her signature on the sale of the house. Well, yesterday she contacted me to say that she would not sign the paperwork as she doesn’t agree with the sale price that I have accepted. She says she is entitled to half of whatever is made off the sale (I owe money so there would be no money made) and that since the price is not to her standards, she’s not signing.

    If she doesn’t sign, I still have to pay the mortgage on this house and she pays nothing. This is putting me further and further in debt and I just want to be done with it. What can I do?

  2. #2
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Sale of House

    Quote Quoting BarelymakingitTN
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    Now, in the divorce decree it stated that I was to refinance the house and have her name taken off of it which I couldn't do since when she left, she took the majority of the money I had in my savings with her and left me in the hole. In the past few years however, she has not lived in nor made a payment on the house. She has however come by and done damage to the house (throw things at the walls to cause damage, i.e. holes and scratches in paint) which I have had to pay to get fixed. To this day I still have not been able to refinance to have her name removed from the house, but I have decided to sell instead.
    You will probably have to go back to court and get the court order changed. The court will probably allow you to do what you want as the end result to the ex is the same. You may have some issue because of a potential violation of the current court order by not refinancing and removing the ex's name from title so I would get an attorney to make the motion for change.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sale of House

    while a court may admonish you for not refinancing previously, unless the ex can show she was injured by that lack of action, they aren't going to do a darn thing., They will also order she sign as necessary to allow the completion of the sale.

    the matter of whether she would be due anything based on the house would be a an issue settled in the divorce. Unless she was to receive some payment upon the sale or refinance of the home, she is not entitled to anything now. If she was due something through the divorce, of course she is due whatever was awarded to her in the divorce.

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