What can I do about my exhusband not wanting to list our house for the right price?

What is the name of your state? Virginia

In our divorce it is written that our property in Virginia be put up for sale asap.
My ex-husband is refusing to list the house for the amount the realtor said it is worth ($96K) Instead he wants to list it for ($78K). I believe he is selling it to a friend of his and is going to pocket the difference.
What are my legal rights? The realtor said he can't list the house without us agreeing on the listing price. Do I need to retain an attorney? I reside in NYS so this makes this matter more difficult to deal with.
I am on the deed but not the mortgage, does that make a difference in deciding the listing price?
I would appreciate any help anyone could give me.
Thank you!

[HomeGuru]

Originally posted by bhensy
What is the name of your state? Virginia

In our divorce it is written that our property in Virginia be put up for sale asap.
My ex-husband is refusing to list the house for the amount the realtor said it is worth ($96K) Instead he wants to list it for ($78K). I believe he is selling it to a friend of his and is going to pocket the difference.
What are my legal rights?

**A: you have a right to list it and sell it at fair market value.
*********

The realtor said he can't list the house without us agreeing on the listing price.

**A: that is corect.
******

Do I need to retain an attorney?

**A: possibly, if no agreement can be reached as to the list price.
********
I reside in NYS so this makes this matter more difficult to deal with.
I am on the deed but not the mortgage, does that make a difference in deciding the listing price?

**A: no, not at all
******
I would appreciate any help anyone could give me.
Thank you!

**A: you got it.

Thanks for your speedy reply and I was very much so relieved that I did have a say in the listing price.
I have an attorney up here in NY that has been handling all of my divorce/support/custody issues, can I use him to handle this also seeing as the selling of the house was placed in the divorce decree or do I need to retain a real estate attorney in the state of Virginia? Also would it be foolish of me to go to court without an attorney regarding this matter. It seems pretty open and shut to me seeing as the realtor can show what the value of the house is.
If I do go to court alone how do I file a petition against him? Do I have to go to Virginia to do that?
I know I have a million questions!
I appreciate your help!
Brenda

[HomeGuru]

Originally posted by bhensy
Thanks for your speedy reply and I was very much so relieved that I did have a say in the listing price.
I have an attorney up here in NY that has been handling all of my divorce/support/custody issues, can I use him to handle this also seeing as the selling of the house was placed in the divorce decree or do I need to retain a real estate attorney in the state of Virginia?

**A: you should be able to use him up until a certain point where a license to practice in VA would be needed. If there is litigation.
*******
Also would it be foolish of me to go to court without an attorney regarding this matter.


**A: yes.
*****
It seems pretty open and shut to me seeing as the realtor can show what the value of the house is.

**A: it depedns on the courts. Some have taken a Realtor's CMV and some courts have disqualified the Realtor and requested a full appraisal by a state licensed appraiser.
*******
If I do go to court alone how do I file a petition against him?

**A: you will not be going alone so that's a moot question.
*****
Do I have to go to Virginia to do that?

**A: yes. You will be traveling some.
*****
I know I have a million questions!
I appreciate your help!
Brenda

**A: please don't ask that many.

Me again.
I have put a call into my attorney in regards to this matter and I have looked up online a few real estate attorneys in the Virginia Beach area.
If this ends up leading to court won't the judge ask my ex-husband why he wants to list the property for so much less?
Also is there a good chance if I front the money for the appraisal is there a good chance my ex will have to reimburse me 1/2?
Also how long does something like this go on for? Is it pretty quick to get a date in court, etc?
Thanks again and I promis I won't ask a million.

[HomeGuru]

Originally posted by bhensy
Me again.
I have put a call into my attorney in regards to this matter and I have looked up online a few real estate attorneys in the Virginia Beach area.
If this ends up leading to court won't the judge ask my ex-husband why he wants to list the property for so much less?

**A: yes, that would be an important question especially if the comps proved a much higher market value.
******
Also is there a good chance if I front the money for the appraisal is there a good chance my ex will have to reimburse me 1/2?
**A: the appraisal cost should be shared.
*********

Also how long does something like this go on for? Is it pretty quick to get a date in court, etc?
Thanks again and I promis I won't ask a million.

**A: 3,6 up to nine months to get to court and resolve.

Thank you, I appreciate your help.

[HomeGuru]

You are welcome and good luck.