• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sale of House before time defined in agreement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

RCiancia

Member
What is the name of your state? NY

My divorce was completed in 2003, and states the marital home will be sold upon my youngest child reaching 21, which will be in June of 2011. My Ex-wife called me and stated she wants to sell the house now. Although I have no objection, in my agreement it states I will pay half of all home repairs over $1000. In my current house, no problem, but I am concerned she will expect me to pay this for the NEW house she purchases alone. Do I need to file an amendment with the court to release myself from this obligation , before agreeing to the sale of the house??

Thanks so much, always impressed by the folks that dedicate their time here.. THANKS !!!!
 


Ohiogal

Queen Bee
RCiancia said:
What is the name of your state? NY

My divorce was completed in 2003, and states the marital home will be sold upon my youngest child reaching 21, which will be in June of 2011. My Ex-wife called me and stated she wants to sell the house now. Although I have no objection, in my agreement it states I will pay half of all home repairs over $1000. In my current house, no problem, but I am concerned she will expect me to pay this for the NEW house she purchases alone. Do I need to file an amendment with the court to release myself from this obligation , before agreeing to the sale of the house??

Thanks so much, always impressed by the folks that dedicate their time here.. THANKS !!!!
How is it worded. Do the repairs refer strictly to the marital home by address or elsewhere in the decree or do they relate to any home repairs at all that your wife needs?
 

nextwife

Senior Member
DO read the language, but it probably applies ONLY to the current property, not to any subsequent property she might choose to own. See how the real esate for which you have responsibility is referenced- address, legal description, etc.
 
Last edited:

Ohiogal

Queen Bee
nextwife said:
DO read the language, but it probably applies ONLY to the current property, not to any subsequent property she might choose to own. See how the real esate for which you have responsibility is referenced- address, legal description, etc.
Here is the thing and the reason I brought it up... It may be phrased quite generally such as "Husband is responsible for payment of half of all home repairs exceeding a thousand dollars of the family home that wife orders/requests/needs". He argues it applies only to the marital residence and she argues it applies to any home the children live in with her.
 

nextwife

Senior Member
Ohiogal said:
Here is the thing and the reason I brought it up... It may be phrased quite generally such as "Husband is responsible for payment of half of all home repairs exceeding a thousand dollars of the family home that wife orders/requests/needs". He argues it applies only to the marital residence and she argues it applies to any home the children live in with her.
" the family home" Betcha earlier in the divorce documents "the family home" is also referred to by address, when the portion about her being able to stay there is covered, and the portion on making mortgage payments is addressed.. And that at some point the decree may state "to be referred to as the family home" or some such definition that specifies that "the family home" is the home at XYZ address.

So she buys some pricey fixer-uper that needs tons of work and he should need to cover half of any repairs? New roof, new furnace, etc? Especially if the current house has newer HVAC and roof?

If so, he should THEN be free to argue that he is entitled to half of any appreciation, as he agreed to pay repairs on a home HE half owned.
 
Last edited:

Ohiogal

Queen Bee
nextwife said:
" the family home" Betcha earlier in the divorce documents "the family home" is also referred to by address, when the portion about her being able to stay there is covered, and the portion on making mortgage payments is addressed.. And that at some point the decree may state "to be referred to as the family home" or some such definition that specifies that "the family home" is the home at XYZ address.

So she buys some pricey fixer-uper that needs tons of work and he should need to cover half of any repairs? New roof, new furnace, etc? Especially if the current house has newer HVAC and roof?

If so, he should THEN be free to argue that he is entitled to half of any appreciation, as he agreed to pay repairs on a home HE half owned.
I have seen stuff like that happen. Agreements should define it as an address however poorly written agreements won't nor will agreements where everyone "thinks" they know what they are doing or talking about (agreements written by the parties themselves with little legal intervention). Oh and i agree about the appreciation. he should get it. However we would need to see the agreement in order to decipher what exactly it means.
 

CJane

Senior Member
nextwife said:
" the family home" Betcha earlier in the divorce documents "the family home" is also referred to by address,
My divorce decree never once mentions the location of the home. It simply says "Petitioner shall retain ownership of marital home. Respondent shall sign any paperwork required to facilitate such."
 

Ohiogal

Queen Bee
CJane said:
My divorce decree never once mentions the location of the home. It simply says "Petitioner shall retain ownership of marital home. Respondent shall sign any paperwork required to facilitate such."
Marital home is different than family home. Marital home refers to the home that the married couple lived in during the marriage at issue in the case.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top