Need to sell house - husband won't cooperate - what to do?

[raylopez1]

What is the name of your state? California

Hello,
I am in Phase 4 of a CA divorce. My husband and I own a house together and I have lived here alone and payed it alone since he moved out 6 months ago.

I need to sell the house now as I can no longer afford to pay for it by myself, but my husband will not cooperate with a sale.

I know the court can order the sale of the house, but what paperwork and documentation do I need to have prepared to make that happen? What form should I file?

There is no equity in the home, in fact the bank has agreed to accept a Short Sale settlement, but husband won't cooperate.

I would like to get out of it and save my good credit if possible.

Thanks for your thoughts!

[majomom1]

Originally Posted by raylopez1

What is the name of your state? California

Hello,
I am in Phase 4 of a CA divorce. My husband and I own a house together and I have lived here alone and payed it alone since he moved out 6 months ago.

I need to sell the house now as I can no longer afford to pay for it by myself, but my husband will not cooperate with a sale.

I know the court can order the sale of the house, but what paperwork and documentation do I need to have prepared to make that happen? What form should I file?

There is no equity in the home, in fact the bank has agreed to accept a Short Sale settlement, but husband won't cooperate.

I would like to get out of it and save my good credit if possible.

Thanks for your thoughts!

Is it in both of your names? Does he want the house? Does he have the means to refinance and pay for it on his own?

If there is no equity in the home, the court may, or may not, force a sale if he wants it and can pay for it.

[raylopez1]

He does not want it.
He can not pay for it.
It is in both of our names.

His position is 100% emotional, 0% logical.

[Bali Hai]

Originally Posted by raylopez1

He does not want it.
He can not pay for it.
It is in both of our names.

His position is 100% emotional, 0% logical.

Wait a minute...are you two playing role reversal???

[Happy Trails]

872.210. (a) A partition action may be commenced and maintained by
any of the following persons:
(1) A coowner of personal property.
(2) An owner of an estate of inheritance, an estate for life, or
an estate for years in real property where such property or estate
therein is owned by several persons concurrently or in successive
estates.
(b) Notwithstanding subdivision (a), an action between spouses or
putative spouses for partition of their community or quasi-community
property or their quasi-marital interest in property may not be
commenced or maintained under this title.



872.220. If it is necessary to have a title report:
(a) The plaintiff may, prior to commencing the action, procure a
title report and shall in the complaint indicate this has been done
and designate a place where it will be kept for inspection, use, and
copying by the parties.
(b) The court may, upon application of a party, authorize the
party to procure a title report and shall designate a place where it
shall be kept for inspection, use, and copying by the parties.




872.230. The complaint shall set forth:
(a) A description of the property that is the subject of the
action. In the case of tangible personal property, the description
shall include its usual location. In the case of real property, the
description shall include both its legal description and its street
address or common designation, if any.
(b) All interests the plaintiff has or claims in the property.
(c) All interests of record or actually known to the plaintiff
that persons other than the plaintiff have or claim in the property
and that the plaintiff reasonably believes will be materially
affected by the action, whether the names of such persons are known
or unknown to the plaintiff.
(d) The estate as to which partition is sought and a prayer for
partition of the interests therein.
(e) Where the plaintiff seeks sale of the property, an allegation
of the facts justifying such relief in ordinary and concise language.




872.240. Real and personal property may be partitioned in one
action.


872.250. (a) Immediately upon filing the complaint, the plaintiff
shall record a notice of the pendency of the action in the office of
the county recorder of each county in which any real property
described in the complaint is located.
(b) If, thereafter, partition of other real property is sought in
the same action, the plaintiff or other person seeking such relief
shall immediately record a supplemental notice.
(c) If the notice is not recorded, the court, upon its own motion
or upon the motion of any party at any time, shall order the
plaintiff or person seeking partition of the property, or another
party on behalf of the plaintiff or other person, to record the
notice and shall stay the action until the notice is recorded. The
expense of recordation shall be allowed to the party incurring it.
(d) From the time of filing the notice for record, all persons
shall be deemed to have notice of the pendency of the action as to
the property described in the notice.

--------------

http://caselaw.lp.findlaw.com/cacodes/ccp.html
Scroll down to:
TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY

http://mosquedalaw.com/RealEstate%201.htm

[StampGirl]

Have you considered that it might very well take quite a long time to sell esp in California's resale market?

I live in California and houses are stagnant on the market for months if not longer.

[Happy Trails]

Originally Posted by StampGirl

Have you considered that it might very well take quite a long time to sell esp in California's resale market?

I live in California and houses are stagnant on the market for months if not longer.

Right, and a partition action isn't going to happen over night either.

Maybe raylopez1 should think about renting our a room to help cover expenses.

[LdiJ]

Originally Posted by raylopez1

What is the name of your state? California

Hello,
I am in Phase 4 of a CA divorce. My husband and I own a house together and I have lived here alone and payed it alone since he moved out 6 months ago.

I need to sell the house now as I can no longer afford to pay for it by myself, but my husband will not cooperate with a sale.

I know the court can order the sale of the house, but what paperwork and documentation do I need to have prepared to make that happen? What form should I file?

There is no equity in the home, in fact the bank has agreed to accept a Short Sale settlement, but husband won't cooperate.

I would like to get out of it and save my good credit if possible.

Thanks for your thoughts!

I hate to tell you this, but a short sale will not save your credit. Its not as bad as a forclosure, but it will still have a significant, negative impact on your credit report. Sorry to be the barer of bad news. Your husband probably knows that, which is why he is refusing to cooperate with the sale.

Perhaps what you really need is an agreement for him to continue to cover some of the mortgage payment, until it can be sold without going into a short sale.

[wileybunch]

A short sale also creates income reporting. Whatever the difference is between your loan balance and what the house is sold for (when it's sold for less than what's owing on it) is reported on a 1099 by the mortgage company as income to you, increasing your tax liability.

[raylopez1]

the law about reporting income just changed.

re other comments, sadly the short sale IS the best financial option available to us regardless of credit consequences as the house is nearly 100k upside down due to the market.

Ah consequences.

Thank you for your thoughts, all.

[LdiJ]

Originally Posted by raylopez1

the law about reporting income just changed.

re other comments, sadly the short sale IS the best financial option available to us regardless of credit consequences as the house is nearly 100k upside down due to the market.

Ah consequences.

Thank you for your thoughts, all.

You are correct that the law has just changed, and the tax consequences are no longer the same.

However, if you can find a way to hang in there, again perhaps with him helping with the mortgage, the market may turn around in a couple of years and you may be able to at least break even. Look at where else you might be able to downsize so that you can preserve your credit.

[Bali Hai]

Originally Posted by LdiJ

You are correct that the law has just changed, and the tax consequences are no longer the same.

However, if you can find a way to hang in there, again perhaps with him helping with the mortgage, the market may turn around in a couple of years and you may be able to at least break even. Look at where else you might be able to downsize so that you can preserve your credit.

You still haven't answered my HOH question...I'm sure you saw it. If you don't feel quailfied to answer, just say so!!!

[LdiJ]

Originally Posted by Bali Hai

You still haven't answered my HOH question...I'm sure you saw it. If you don't feel quailfied to answer, just say so!!!

What HOH question, and where?

[Bali Hai]

Originally Posted by LdiJ

What HOH question, and where?

I"ll show you later, time to go beddy bye.....

[wileybunch]

Originally Posted by raylopez1

the law about reporting income just changed.

Sorry about that! You are right! Bush signed a temporary relief Act and I slept through it.