House has been listed for 1.5years what are my rights?

[f0t0man]

California (only U.S. law)?

Hi there.
My husband and I are divorced. We split everything 50/50 the whole time we were married. Even down to the grocery bills. My family builds custom homes in San Diego. They helped us build our home. My mother , and brother also happen to be real estate brokers. They have had our house listed for over 1.5 years now.
The house has been shown over, and over, and we have had several offers.
My Ex-husband wouldn't agree to any of them. He is still currently living alone in the house, and has been for over a year. All the while I have still been paying 1/2 of the mortgage, property taxes..etc.
I tried to get him to move out, so we could rent the place, he refused.
He claimed It was my choice to move to Seattle, otherwise I could still be living there.

I have moved to Seattle, and have moved on with my life. Of course I want to make as much as we can on the house, but am willing to cut our losses to get on with our lives.
I didn't take 1/2 his cars, 1/2 his 401k when we split, as these were his.

I need to know what my legal rights are, and how to proceed.
I've even offered to buy him out of his 1/2 based on several comps in the area.

Thank you for any help
JHJ

One more thought the past two times property taxes were due, I was forced to pay them in total with the promise of reimbursement when the house sells because he had no money. What happens if he defaults on his 1/2 of the mortgage payments?

 

[mistoffolees]

California (only U.S. law)? I need to know what my legal rights are, and how to proceed.
I've even offered to buy him out of his 1/2 based on several comps in the area.

Yes. Ask the court which granted your divorce (assuming it's in CA) for an order that the house be sold and since you have already brought some acceptable offers, ask the court to give YOU exclusive right to control the sale. At the same time, ask for a court order for your ex to maintain the house in sellable condition and pay for any deficiencies that occur due to his neglect.

 

[Ohiogal]

How are you a man with an ex husband?

 

[HappyWanderer]

I don't know if the OP made a mistake, but CA same-sex marriages after the first Supreme Court decision but before the passing of Proposition 8 are considered valid in the state--or, at least in a legal limbo where a divorce would be entirely appropriate to a couple splitting up. .

 

[f0t0man]

LOL Man

How are you a man with an ex husband?

It is my girlfriend of 2 years, I just posted to help her/us out.
All replies are much appreciated.
Daren

 

[LdiJ]

Yes. Ask the court which granted your divorce (assuming it's in CA) for an order that the house be sold and since you have already brought some acceptable offers, ask the court to give YOU exclusive right to control the sale. At the same time, ask for a court order for your ex to maintain the house in sellable condition and pay for any deficiencies that occur due to his neglect.

I agree with this advice. Its logical and likely to be granted by a court.

Its actually a bit unusual that you are still paying 1/2 of the mortgage payment. Normally, if one spouse gets exclusive use of the marital home until it sells, that spouse is generally 100% responsible for the mortgage payment during that period of time, since they have exclusive use of the home.

 

[Ohiogal]

It is my girlfriend of 2 years, I just posted to help her/us out.
All replies are much appreciated.
Daren

So you lied. Way to lose credibility.

 

[f0t0man]

Wow

So you lied. Way to lose credibility.

Hmmm thanks for that great advice.
I inputed this on her behalf. Looking for some help not flamers.
Thanks for that.

 

[f0t0man]

law?

I agree with this advice. Its logical and likely to be granted by a court.

Its actually a bit unusual that you are still paying 1/2 of the mortgage payment. Normally, if one spouse gets exclusive use of the marital home until it sells, that spouse is generally 100% responsible for the mortgage payment during that period of time, since they have exclusive use of the home.

Thanks for that.
So to clarify is that a "law" in California that if he is living solely in the house, he is responsible for 100% of the mortgage during that time?

 

[LdiJ]

Thanks for that.
So to clarify is that a "law" in California that if he is living solely in the house, he is responsible for 100% of the mortgage during that time?

No, I don't believe its the "law", however I do believe its the "norm", because it is just and reasonable.

His motivation to get the house sold might increase if he had to pay the mortgage himself.

 

[Ohiogal]

Thanks for that.
So to clarify is that a "law" in California that if he is living solely in the house, he is responsible for 100% of the mortgage during that time?

Here is a CLUE -- have her read her court order that granted the divorce. that should state who is responsible.

 

[f0t0man]

next step

No, I don't believe its the "law", however I do believe its the "norm", because it is just and reasonable.

His motivation to get the house sold might increase if he had to pay the mortgage himself.

So does she need to go to court again?
How should she proceed?
Thanks for your help!

 

[f0t0man]

$$$$

Here is a CLUE -- have her read her court order that granted the divorce. that should state who is responsible.

She said that at the time of the divorce she agreed to split it,because they both own it. That being said she didn't forsee it taking this long to sell.
Since moving out she has paid $36000.00 in mortgage payment while he lives there alone.

 

[LdiJ]

So does she need to go to court again?
How should she proceed?
Thanks for your help!

She could do what a previous poster suggested and ask the judge to give her control of the sale and the right to accept reasonable offers based on fair market value.

And/or, she could go to court and ask that he be solely responsible for for the full mortgage payment until the house sells.