Advice regarding property sale

[wantinganend]

What is the name of your state (only U.S. law)? IL
The divorce settlement states the house to be sold by a private realtor. The house has been vacant and on the market for 10 months. This month my ex has moved someone into the house without my permission. The divorce settlement does not state no one could live in the house, nor did it state who would be responsible for paying the mortgage.

The tenant my ex placed in the house is not a desirable tenant (i.e. has a dog, smokes, and is not by any means neat. I have already received word from "nosey" neighbors of large noisy parties within the house). Furthermore, my ex has not wanted to pay his half of the mortgage while the house was vacant, but now wants me and him to pay the mortgage while the house is being occupied by his tenant.

I have come to the conclusion the only way I will ever get out from under this co-ownership on this property is to try and get my ex to buy me out of it. How likely would a court decide in favor of this? The divorce settlement states the equity in the home, and an approx. amount to be divided. I would even be willing to settle for less at this point. What justification would I need to force my ex into complying? If I would not be able to do this, do you have any other suggestions in how to deal with this situation?
Thanks

[mistoffolees]

Originally Posted by wantinganend

What is the name of your state (only U.S. law)? IL
The divorce settlement states the house to be sold by a private realtor. The house has been vacant and on the market for 10 months. This month my ex has moved someone into the house without my permission. The divorce settlement does not state no one could live in the house, nor did it state who would be responsible for paying the mortgage.

The tenant my ex placed in the house is not a desirable tenant (i.e. has a dog, smokes, and is not by any means neat. I have already received word from "nosey" neighbors of large noisy parties within the house). Furthermore, my ex has not wanted to pay his half of the mortgage while the house was vacant, but now wants me and him to pay the mortgage while the house is being occupied by his tenant.

I have come to the conclusion the only way I will ever get out from under this co-ownership on this property is to try and get my ex to buy me out of it. How likely would a court decide in favor of this? The divorce settlement states the equity in the home, and an approx. amount to be divided. I would even be willing to settle for less at this point. What justification would I need to force my ex into complying? If I would not be able to do this, do you have any other suggestions in how to deal with this situation?
Thanks

Do you have a mortgage?

If there's no mortgage (or if the mortgage is only in his name), it's easy. Once he gives you the money, you sign a quit-claim deed.

If there's a mortgage with your name on it, you have a problem. He can buy you out, but you're still on the hook for the mortgage. I would not give him a quit-claim deed until he refinances or gets the bank to remove your name. If he has someone who is ruining the house, you can ask the court to throw them out. Of course, count on him demanding that you pay the mortgage if you want him to remove a 'perfectly good' tenant who is helping to cover the costs.

[wantinganend]

There a mortgage with both my ex and me on it. My ex doesnt expect the tenant to pay the mortgage. He expects I and him pay it. He claims the tenant will be putting money "into the house" in other words to complete unfinsished projects my ex started.

From what I am reading, I understand a quitclaim deed does not remove my name, and I would have to make sure my ex refinances the mortgage in his name only, AND proved he removed my name.

What I need to know is how would the court view my forcing my ex to buy me out?? what success do I have with doing this? Are you telling me all the court can do is force the tenant out? (who by the way, is not at this time paying the mortgage) The house was re-painted and cleaned for sale prior to this tenant moving in. I have pictures of how it looked prior to someone moving in. Can I expect the condition of the house be restored at my ex's expense?

Can you tell me what I can expect a judge would rule in this case?

[nextwife]

If it's been on the market 10 months without being sold, it's been priced too high.

A vacant home is a magnet for vandals and gutting of systems. An occupied home is less likely to be ripped off. Additionally, having someone in the property reduces one's costs for having gas and heat at the property and for arranging lawn cutting and snow removal. It's less likely to experience freeze ups and/or basement flooding due to sump pumps not running.

If you and he have unfinished projects in your joint home, the other option is to both pay a contractor to finish it and make it market ready.

[mistoffolees]

Originally Posted by wantinganend

There a mortgage with both my ex and me on it. My ex doesnt expect the tenant to pay the mortgage. He expects I and him pay it. He claims the tenant will be putting money "into the house" in other words to complete unfinsished projects my ex started.

From what I am reading, I understand a quitclaim deed does not remove my name, and I would have to make sure my ex refinances the mortgage in his name only, AND proved he removed my name.

That is correct. Do NOT sign a quit-claim until he has refinanced or gotten the bank to remove your name from the mortgage.

Originally Posted by wantinganend

What I need to know is how would the court view my forcing my ex to buy me out?? what success do I have with doing this? Are you telling me all the court can do is force the tenant out? (who by the way, is not at this time paying the mortgage) The house was re-painted and cleaned for sale prior to this tenant moving in. I have pictures of how it looked prior to someone moving in. Can I expect the condition of the house be restored at my ex's expense?

Can you tell me what I can expect a judge would rule in this case?

You could ask for your ex to be held accountable for the damage, but that's a stretch. You could possibly go after the tenant, but without a lease, that will be hard, too.

The court could order that your ex buy you out, but that's only going to work if your ex agrees. If your ex objects and asks the court to order it sold, the court will simply tell you to work harder at selling it. It is unlikely that the court would order him to buy the house from you if he doesn't want it.

[wantinganend]

I have been working hard to sell the house, but my ex places barriers every which way I turn. I cleaned the house up after he vacated, got rid of the trash and things he left behind when he moved, maintained the lawn and bushes, power washed the siding, AND continued to drive 2 hours one way to keep the inside of the house cleaned from bugs and foot prints from interested buyers. I hired a realtor, but my ex refused to come down in price until he had his pick of realtors. I gave in and let him hire who he wanted. His realtor lives behind the property, and has also encountered his unreasonable ways. She keeps an eye on the inside of the house to make sure everything is ok. The house is in a good area, vandalism is unlikely. I cant work any harder at trying to sell this property than I already have. Placing a non-paying tenant in the house is the last straw. My credit is attached to this house, and he doesnt care about his credit. That is why I am asking for help in which to get out from under this nightmare. I have an appt with a lawyer, I just want to be prepared to answer her question -"what do you want as an outcome in this situation." I was hoping to find someone who has walked in my shoes, tackled the problem with a satisfactory outcome.

[mistoffolees]

Originally Posted by wantinganend

I have an appt with a lawyer, I just want to be prepared to answer her question -"what do you want as an outcome in this situation." I was hoping to find someone who has walked in my shoes, tackled the problem with a satisfactory outcome.

No one can answer that question for you, but the following may help.

You simply answer the following questions:
1. Do YOU want the house if it goes that way (sometimes things change at the last minute - they did in my case) and can you afford to reimburse him for the equity and refinance solely in your name?

2. Does HE want the house and does he have the resources to reimburse you for the equity and refinance solely in his name?

If the answer to both of those questions is 'no', then you need to get the house sold. If neither of you wants the house or can afford to keep the house, then it should be sold - the sooner the better. In that case, what I would do is ask the court for permission to control the sale of the house without involvement from the ex. IF you can establish that your ex has been interfering with the sale, you might be able to get that right. If you can't show that ex has been slowing the sale, it's going to be hard to convince a judge to do that - and you're just going to have to work with ex to get it sold. That may involve some creative persuasion, but it really is in his interest to get it sold, too.