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  1. #1
    Join Date
    May 2017
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    Default 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!

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default 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.

  3. #3
    Join Date
    May 2017
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    27

    Default 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?

  4. #4
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    Sep 2005
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    Default 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.

  5. #5
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    May 2017
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    Default 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.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

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