Can you legally force your ex to sell marital home?

[Bucky41]

What is the name of your state (only U.S. law)? New York

In my divorce agreement (I think it's the agreement - the judge signed it March '07) it states "The marital home is to be sold and the profits (shared or split - not sure) equally". I have been solely paying the mortgage since 9/07 ($27K), made repairs/improvements ($12K), paid any and all bills on the property ($4K) and I now have a buyer. The buyers have signed the contract and given a $25K downpayment as well as pre-approval on a mortgage. I signed the contract and now my ex is refusing. He stated he doesn't care if it goes into foreclosure (why should he - he won't lose anything as he hasn't been paying anything).

Legally, can I go to court to force the sale or force him to go along with the sale? I read in another thread (which wasn't NY) that perhaps a judge can allow one party to sell the property if the other party is being difficult (I'm searching for the exact thread).
[url]http://forum.freeadvice.com/divorce-separation-annulment-36/ex-wont-refi-my-name-off-house-441248-p2.html#post2106327[/url]
I think I edited this correctly - it was OG but it wasn't about selling, it was about refinancing.

I called the Supreme Court Office for the Self-Represented and they suggested I go before the same judge who signed the divorce but I'm not sure what paperwork/motion I need to present. I've searched the archives and though some threads are similar, I want to be sure for NY I handle this correctly. The tentative closing date is 1/5/09.

Any suggestions would be great...my head won't stop pounding trying to figure out how to not lose this buyer - I can't afford to pay this anymore.

Thanks.

[mistoffolees]

Originally Posted by Bucky41

What is the name of your state (only U.S. law)? New York

In my divorce agreement (I think it's the agreement - the judge signed it March '07) it states "The marital home is to be sold and the profits (shared or split - not sure) equally". I have been solely paying the mortgage since 9/07 ($27K), made repairs/improvements ($12K), paid any and all bills on the property ($4K) and I now have a buyer. The buyers have signed the contract and given a $25K downpayment as well as pre-approval on a mortgage. I signed the contract and now my ex is refusing. He stated he doesn't care if it goes into foreclosure (why should he - he won't lose anything as he hasn't been paying anything).

Legally, can I go to court to force the sale or force him to go along with the sale? I read in another thread (which wasn't NY) that perhaps a judge can allow one party to sell the property if the other party is being difficult (I'm searching for the exact thread).

I called the Supreme Court Office for the Self-Represented and they suggested I go before the same judge who signed the divorce but I'm not sure what paperwork/motion I need to present. I've searched the archives and though some threads are similar, I want to be sure for NY I handle this correctly. The tentative closing date is 1/5/09.

Any suggestions would be great...my head won't stop pounding trying to figure out how to not lose this buyer - I can't afford to pay this anymore.

Thanks.

Personally, with so much at stake and so little time, I'd get an attorney to file the paperwork. It shouldn't cost that much - and would be far less expensive than losing the sale.

Given that you have a buyer and the divorce decree says the house is to be sold, you shouldn't have too much difficulty convincing the judge to allow you to sell the house without your ex's permission.

The only difficulty would be if the deal you're proposing is unfair and your ex opposes it as being insufficient. To counter that argument, I would bring into court a certified appraisal showing what the house is worth in todays market. If your selling price isn't far off from the appraisal, it should go through.

[Bucky41]

mistoffolees...

Price isn't unfair, just a lot lower than he wants it to be (we had an offer of $100K more than this offer back in April '07, but he refused it as too low and the buyer walked). The buyers had it appraised and it is just about what the price is anyway (nothing is selling because of the market).

It's just good to know I do have a "leg to stand on" if he forces me to go to court.

[LdiJ]

Originally Posted by Bucky41

mistoffolees...

Price isn't unfair, just a lot lower than he wants it to be (we had an offer of $100K more than this offer back in April '07, but he refused it as too low and the buyer walked). The buyers had it appraised and it is just about what the price is anyway (nothing is selling because of the market).

It's just good to know I do have a "leg to stand on" if he forces me to go to court.

Wow...he really is an idiot..isn't he?

I would talk to an attorney immediately, even today. You may lose this buyer as well if you are not extremely proactive.

[Bucky41]

Originally Posted by LdiJ

Wow...he really is an idiot..isn't he?

I would talk to an attorney immediately, even today. You may lose this buyer as well if you are not extremely proactive.

Since I have two beautiful children with him, I will repeat to you what I repeat to myself every singe day - I will NOT say anything negative about my children's father, I will NOT say anything negative about my children's father. lol

LdiJ, he refused to sell then because the split would have meant he ONLY received $75K after paying off the mortgage and closing costs (he's now looking at about $21K after closing costs plus he owes me an additional $8,300 for the repairs/expenses/improvements). I warned him at the time about cutting off the nose and the effect it would have on the face, but he wouldn't listen.

[mistoffolees]

Originally Posted by Bucky41

It's just good to know I do have a "leg to stand on" if he forces me to go to court.

"Leg to stand on" isn't really enough. You need to take action quickly. Get an attorney and get some current appraisals to show that the price is fair.

He will undoubtedly argue that you were offered $100 K more a year and a half a go, so this price is too low. The only way to counter that is with EXPERT current valuations.

[Bali Hai]

Originally Posted by Bucky41

Since I have two beautiful children with him, I will repeat to you what I repeat to myself every singe day - I will NOT say anything negative about my children's father, I will NOT say anything negative about my children's father. lol

LdiJ, he refused to sell then because the split would have meant he ONLY received $75K after paying off the mortgage and closing costs (he's now looking at about $21K after closing costs plus he owes me an additional $8,300 for the repairs/expenses/improvements). I warned him at the time about cutting off the nose and the effect it would have on the face, but he wouldn't listen.

These men are so stupid I'm wondering why I've never seen this before!!

Now the truth comes out. You're giving him the shaft and he isn't bending over for you!!

You lived in the residence, you should have paid the mortgage, repairs, expenses, and, when the place sells, the split is 50/50!!

Improvements?? You could have elected NOT to make any improvements and now you want him to pay for them??

[Bali Hai]

Originally Posted by mistoffolees

"Leg to stand on" isn't really enough. You need to take action quickly. Get an attorney and get some current appraisals to show that the price is fair.

He will undoubtedly argue that you were offered $100 K more a year and a half a go, so this price is too low. The only way to counter that is with EXPERT current valuations.

I agree with this and your real estate and banking buddies are NOT professional appraisers!!

[Bucky41]

Originally Posted by Bali Hai

These men are so stupid I'm wondering why I've never seen this before!!

Now the truth comes out. You're giving him the shaft and he isn't bending over for you!!

You lived in the residence, you should have paid the mortgage, repairs, expenses, and, when the place sells, the split is 50/50!!

Improvements?? You could have elected NOT to make any improvements and now you want him to pay for them??

Bali Hai, if you needed additional information, I would have provided it before you made these comments.

I have NOT lived in the house since January 2007 when he was served with divorce papers and threatened to kill me and the process server. He continued living in the house until April 2007. When he left, he turned off the boiler which caused the pipes to freeze and burst in January 2008. I have documented all bills paid with actual receipts and bills from the boiler service company, ConEd (electric/gas company in NY), Dept. of Sanitation tickets incurred, etc. I did not receive a single offer from the time he turned down the offer in 4/07 until the pipes were fixed, rooms painted, capets replaced with wood floors, kitchen remodeled, etc. He was aware improvements were being made and even if he doesn't want to pay for the IMPROVEMENTS, he owes for the unpaid mortgage payments on a home NOBODY was living in as well as any bills incurred on the property which is in BOTH our names. Or do you disagree with him having to pay anything at all? Perhaps I should simply let him sell the property, keep all the profits, continue to not pay his child support on time and be happy with that??

[cyjeff]

Don't let Bali get to you. He has anger issues.

And, apparently, a really bad divorce attorney.

[mistoffolees]

Originally Posted by cyjeff

Don't let Bali get to you. He has anger issues.

And, apparently, a really bad divorce attorney.

I'm still trying to figure out why he's so angry. He stated at one point that judges are always right and one shouldn't question their decision. If judges are always right, why is he always whining?

[LdiJ]

Originally Posted by mistoffolees

I'm still trying to figure out why he's so angry. He stated at one point that judges are always right and one shouldn't question their decision. If judges are always right, why is he always whining?

He is angry because he didn't believe that his ex deserved any marital property or alimony, and he spent absurd amounts of money on attorneys attempting to keep her from getting any marital property or alimony.

He did not succeed. She got her 50% of the marital assets, she got alimony, and I think that he even had to pay some of her legal fees.

[Bali Hai]

Originally Posted by LdiJ

He is angry because he didn't believe that his ex deserved any marital property or alimony, and he spent absurd amounts of money on attorneys attempting to keep her from getting any marital property or alimony.

He did not succeed. She got her 50% of the marital assets, she got alimony, and I think that he even had to pay some of her legal fees.

LOL!! I feel like a celebrity with all this speculation and conjecture.

I'll watch for the paporatzzi on my way home tonight!!

[mistoffolees]

Originally Posted by LdiJ

He is angry because he didn't believe that his ex deserved any marital property or alimony, and he spent absurd amounts of money on attorneys attempting to keep her from getting any marital property or alimony.

He did not succeed. She got her 50% of the marital assets, she got alimony, and I think that he even had to pay some of her legal fees.

I know all of that. I was just commenting on his statement at one point that judges are always right - which would negate all of his whining.

[Bucky41]

Thanks cyjeff, mistoffolees and LdiJ (hope I got all that spelling correct). Went to lunch p***ed off at BH but realize you gotta sort through the bad posts to find the good ones. I'll start the process on getting appraisals to prove the selling price is as much as we can get in this market (it's an older house and still needs some work).

One last thing (BH comments made me wonder) - am I not legally entitled to half the mortgage payments? I've had some Family Court appearances and at one of those hearings outside the court this issue was raised and HIS attorney said I'd get the money back (his share of the mortgage) at closing.

Thanks for all the information. I'll update you as soon as I hear anything (hopefully what I hear will be my real estate attorney telling me he signed the contract)