damages being sought from one of two sellers

[bstoned]

What is the name of your state? Michigan
Shortly prior to filing for divorce, my now ex husband was removed from the home and prohibited from returning. I remained in the home until it was sold nine months following his removal and finalization of the divorce. He and I co-owned the home. All documents were signed by myself and my ex for the sale. The home was inspected by the seller and her inspector on four occasions prior to and following the closing. She was given a very detailed disclosure statement signed by both sellers. She now claims the house is uninhabitable as a result of structural damage. The disclosure noted there was structural damage so no surprise there.

The seller accepted the property "as is" and the sale closed with the proceeds split and checks cashed. I vacated the home thirty days following the closing (rent was paid by me to the purchaser). The purchaser became highly irrational with demands for money from only me to remove items left in the home by my ex. She started at $800 which has now (14months later) grown to "up to $75,000".

The mutually agreed arbitration clause in the purchase agreement was ignored and a civil action was commeneced. The case was set aside and Arbitration was ordered to commence, however the purchaser lacked the funds to open a file ($1,250). After several granted requests for an extension of time, the case has finally been opened.

I have retained counsel to handle the matter and an objection to arbitration has been raised because the co-seller is not named as a party to the action.
My ex has assured the purchaser that I am solely responsible and he will garnish my alimony and pay those monies to the purchaser. As a result of a violent knife attack by my ex, I have been hospitalized repeatedly since vacating the home. I receive disabilty each month, which is exempt from garnishment. I have no property. I do have a rebuilt aorta (result from stabbing) which I believe is also exempt from garnishment. The home has remained vacant for 14 months and as part of the damages being sought, I am expected to pay $1,500 for each month. Renovations have been taking place during this time.

When there are two sellers, can one be targeted and the other excluded? My ex is financially supported by his father who happens to be the former deputy attorney general for the state of MI. Would a competent attorney take a case knowing there is no money to be gained? The purchaser appears to have developed an obsession with invading my privacy and has been advized that her continued actions are noted as being the intentional infliction of emotional distress. This will be documented by my physcians, therapists, family and neighbors. I have advized that I will be seeking damages following the determination of the arbitrator, if in fact this frivolous action is given any attention.

[HomeGuru]

Originally Posted by bstoned

What is the name of your state? Michigan
Shortly prior to filing for divorce, my now ex husband was removed from the home and prohibited from returning. I remained in the home until it was sold nine months following his removal and finalization of the divorce. He and I co-owned the home. All documents were signed by myself and my ex for the sale. The home was inspected by the seller and her inspector on four occasions prior to and following the closing. She was given a very detailed disclosure statement signed by both sellers. She now claims the house is uninhabitable as a result of structural damage. The disclosure noted there was structural damage so no surprise there.

The seller accepted the property "as is" and the sale closed with the proceeds split and checks cashed. I vacated the home thirty days following the closing (rent was paid by me to the purchaser). The purchaser became highly irrational with demands for money from only me to remove items left in the home by my ex. She started at $800 which has now (14months later) grown to "up to $75,000".

The mutually agreed arbitration clause in the purchase agreement was ignored and a civil action was commeneced. The case was set aside and Arbitration was ordered to commence, however the purchaser lacked the funds to open a file ($1,250). After several granted requests for an extension of time, the case has finally been opened.

I have retained counsel to handle the matter and an objection to arbitration has been raised because the co-seller is not named as a party to the action.
My ex has assured the purchaser that I am solely responsible and he will garnish my alimony and pay those monies to the purchaser. As a result of a violent knife attack by my ex, I have been hospitalized repeatedly since vacating the home. I receive disabilty each month, which is exempt from garnishment. I have no property. I do have a rebuilt aorta (result from stabbing) which I believe is also exempt from garnishment. The home has remained vacant for 14 months and as part of the damages being sought, I am expected to pay $1,500 for each month. Renovations have been taking place during this time.

When there are two sellers, can one be targeted and the other excluded? My ex is financially supported by his father who happens to be the former deputy attorney general for the state of MI. Would a competent attorney take a case knowing there is no money to be gained? The purchaser appears to have developed an obsession with invading my privacy and has been advized that her continued actions are noted as being the intentional infliction of emotional distress. This will be documented by my physcians, therapists, family and neighbors. I have advized that I will be seeking damages following the determination of the arbitrator, if in fact this frivolous action is given any attention.

**A: read your post. You have confused us.

[bstoned]

My question is when a house is co-owned by a married couple and sold as a result of divorce, with both parties signing all documents and splitting the proceeds, aren't both liable for any post closing problems created by the purchaser?

My ex husband, through his legal counsel, has "refused" to be involved because he did not reside in the home for nine months prior to the sale. The purchaser and her attorney accepted his rejection and have targeted me with 14 months of harassment/stalking and frivolous court actions. My privacy has been invaded with the assistance of my ex. He furnished the purchaser with my ss#, a copy of the divorce decree, my financial information, etc.

The house has been vacant and the purchaser claims it is uninhabitable. It is in fact uninhabitable due to unfinished renovations started by the purchaser. She has run out of money and has suffered a serious financial loss.

The attorney representing the purchaser has insisted that I am the target and it is my responsibility to include my ex. Is this factual? Is it legal for the co-seller to refuse to be included in this action?

[HomeGuru]

Originally Posted by bstoned

My question is when a house is co-owned by a married couple and sold as a result of divorce, with both parties signing all documents and splitting the proceeds, aren't both liable for any post closing problems created by the purchaser?

My ex husband, through his legal counsel, has "refused" to be involved because he did not reside in the home for nine months prior to the sale. The purchaser and her attorney accepted his rejection and have targeted me with 14 months of harassment/stalking and frivolous court actions. My privacy has been invaded with the assistance of my ex. He furnished the purchaser with my ss#, a copy of the divorce decree, my financial information, etc.

The house has been vacant and the purchaser claims it is uninhabitable. It is in fact uninhabitable due to unfinished renovations started by the purchaser. She has run out of money and has suffered a serious financial loss.

The attorney representing the purchaser has insisted that I am the target and it is my responsibility to include my ex. Is this factual? Is it legal for the co-seller to refuse to be included in this action?

**A: both titleholder sellers are liable.