Ex won't drop the price of real estate

[zeebra]

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

I took my Ex to court for contempt, July '08. The judge ordered her to put our homestead up for sale. She has continued to keep the price of the home way above market value so there is little activity on the property. Of course, she is living in the house. Can I go back to court asking for a continuance & how do I approach that avenue?

 

[mistoffolees]

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

I took my Ex to court for contempt, July '08. The judge ordered her to put our homestead up for sale. She has continued to keep the price of the home way above market value so there is little activity on the property. Of course, she is living in the house. Can I go back to court asking for a continuance & how do I approach that avenue?

It's not a continuance. You would file for contempt again and state that your ex has not followed the judge's order. Your argument would be that by setting an unrealistic price far above market, the home is not really available for sale and ex is in contempt of the judge's order.

Ask the judge to give you authority to sell the home and control all aspects of the deal since your ex can't be trusted to follow the judge's orders (you won't want to use that wording, but that's the idea).

 

[nextwife]

And provide documentation of current value. BPO, comps, etc.

 

[Some Random Guy]

And if you want to file for contempt, you might want to bring more evidence than just your opinion on the price being too high. An appraisal from an appraiser would likely cost you several hundred dollars. If you have a friend in real estate, they may be able to give you comps in the area and their opinion on a suggested listing price - but a real appraisal would be better.

You say she is living in the house. Who is paying the mortage at this time? If you are paying the mortgage, is she paying you rent?

 

[zeebra]

It's not a continuance. You would file for contempt again and state that your ex has not followed the judge's order. Your argument would be that by setting an unrealistic price far above market, the home is not really available for sale and ex is in contempt of the judge's order.

Ask the judge to give you authority to sell the home and control all aspects of the deal since your ex can't be trusted to follow the judge's orders (you won't want to use that wording, but that's the idea).

Do I have to go through filling out all of the paperwork again & filing fees?

 

[zeebra]

And if you want to file for contempt, you might want to bring more evidence than just your opinion on the price being too high. An appraisal from an appraiser would likely cost you several hundred dollars. If you have a friend in real estate, they may be able to give you comps in the area and their opinion on a suggested listing price - but a real appraisal would be better.

You say she is living in the house. Who is paying the mortage at this time? If you are paying the mortgage, is she paying you rent?

She is making the mortgage payments. Secondly, The house is listed with a realtor (for18 mos., now) who has told her what the house should sell for yet she wants to set the price high.

 

[mistoffolees]

Do I have to go through filling out all of the paperwork again & filing fees?

Yes. Lots of people have to file contempt claims repeatedly - the system doesn't allow you to piggy back on previous claims.

The filing fee shouldn't be all that much, anyway. You can ask the court to order her to pay it, as well.