Selling a House

[reecerabbit]

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

Here is the situation. My ex and I bought a house in Georgia. The military moved us overseas where we were divorced. In accordance with the divorce decree I am supposed to sell the house and give 1/2 of the profits to my ex. My ex is supposed to sign all documents pertaining to the sale and return them in a timely manner. So far my ex has failed to sign the documents twice. The first time the house sat vacant for about three months before tenants were found. this time, the current lease expires at the end of February, and I would like to either have the tenants renew the lease, go on a month-to-month plan or even buy the house.

There is a property manager handling the rental portion of the house. I wish to use the same real estate office to sell the house for me.

I currently live in Idaho.

My question is, what avenues are available for me to sell the house without my ex's signature on the documents??

Thanks

 

[LdiJ]

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

Here is the situation. My ex and I bought a house in Georgia. The military moved us overseas where we were divorced. In accordance with the divorce decree I am supposed to sell the house and give 1/2 of the profits to my ex. My ex is supposed to sign all documents pertaining to the sale and return them in a timely manner. So far my ex has failed to sign the documents twice. The first time the house sat vacant for about three months before tenants were found. this time, the current lease expires at the end of February, and I would like to either have the tenants renew the lease, go on a month-to-month plan or even buy the house.

There is a property manager handling the rental portion of the house. I wish to use the same real estate office to sell the house for me.

I currently live in Idaho.

My question is, what avenues are available for me to sell the house without my ex's signature on the documents??

Thanks

Why is your ex failing to sign the documents?

Your tenants can go month to month without any additional documents being signed.

 

[mistoffolees]

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

Here is the situation. My ex and I bought a house in Georgia. The military moved us overseas where we were divorced. In accordance with the divorce decree I am supposed to sell the house and give 1/2 of the profits to my ex. My ex is supposed to sign all documents pertaining to the sale and return them in a timely manner. So far my ex has failed to sign the documents twice. The first time the house sat vacant for about three months before tenants were found. this time, the current lease expires at the end of February, and I would like to either have the tenants renew the lease, go on a month-to-month plan or even buy the house.

There is a property manager handling the rental portion of the house. I wish to use the same real estate office to sell the house for me.

I currently live in Idaho.

My question is, what avenues are available for me to sell the house without my ex's signature on the documents??

Thanks

if it's as simple as you say, then you just go to court to ask for your ex to be found in contempt. I would also ask the court for the ability to finalize the transaction on your own without ex's signature.

HOWEVER, that presumes that your ex had no legitimate reason for not signing the documents. If, for example, you tried to sell the house for far below market value to a friend or family member, your ex would be well within his rights not to sign (and the court might well chastise you soundly).

 

[reecerabbit]

My ex lives in Germany as she is a German citizen.

I don't know why she does not want to sign them. This is the second time I sent the documents to her. The first time was November 2008. The house was vacant, I figured that would be a good time to sell, I emailed the documents to her, her brother responded wanting to make changes (duration of contract and percentage of commission) to the contract giving the broker the ability to sell the house. I said no, as this is a standard contract. She didn't sign, the house was rented.

Now the lease is due to expire at the end of February. I sent the same contract, ex gave POA to her mother. Mother wants house finance information, amount owed on house, basically all financial docs relating to the house. I told her that contract has nothing to do with that, that it gives the broker the ability to sell the house, and ex is supposed to sign and return documents without this level of difficulty.

I do not want to sell the house for below market value.

Since the divorce was begun and finalized in Germany, can any state court give me the ability to finalize transactions, or does it have to be in the state where the house is located?

Thanks for the assistance so far.

 

[LdiJ]

My ex lives in Germany as she is a German citizen.

I don't know why she does not want to sign them. This is the second time I sent the documents to her. The first time was November 2008. The house was vacant, I figured that would be a good time to sell, I emailed the documents to her, her brother responded wanting to make changes (duration of contract and percentage of commission) to the contract giving the broker the ability to sell the house. I said no, as this is a standard contract. She didn't sign, the house was rented.

Now the lease is due to expire at the end of February. I sent the same contract, ex gave POA to her mother. Mother wants house finance information, amount owed on house, basically all financial docs relating to the house. I told her that contract has nothing to do with that, that it gives the broker the ability to sell the house, and ex is supposed to sign and return documents without this level of difficulty.

I do not want to sell the house for below market value.

Since the divorce was begun and finalized in Germany, can any state court give me the ability to finalize transactions, or does it have to be in the state where the house is located?

Thanks for the assistance so far.

You need to get a consult with a local attorney. I see some potentially serious problems do to the fact that the divorce was done in Germany.

 

[justalayman]

what documents are you asking her to sign? the only document she would need to sign (and actually you can get by without this even with a reasonable explanation and your commitment to pay the RE agent if necessary) is a listing agreement with a RE agent.

The house was vacant, I figured that would be a good time to sell, I emailed the documents to her, her brother responded wanting to make changes (duration of contract and percentage of commission) to the contract giving the broker the ability to sell the house. I said no, as this is a standard contract. She didn't sign, the house was rented.

well, this might be your fault as much as hers. A "standard contract". Well, there are standardized contracts but I know that in at least one state, it is illlegal to engage in price fixing for commission so that is always on the table, to some extent.

It sounds like you simply stopped there with your refusal to budge from what you claim is a standard contract. Without more input on her position, I see this as your fault and not hers.

I don't know why she does not want to sign them

.I don't know how you see this but I believe the answer to that question is critical to your situation. Again, apparently your failure to figure out what the problem is and then taking some action to remedy the problem.

.

I sent the same contract, ex gave POA to her mother. Mother wants house finance information, amount owed on house, basically all financial docs relating to the house. I told her that contract has nothing to do with that, that it gives the broker the ability to sell the house, and ex is supposed to sign and return documents without this level of difficulty.

WHAT??

of course since the RE agent will be given the right to attempt to sell the house based on this contract the info the mom (as POA) is most definately important and necessary.

It sounds like you are trying to take action without allowing the ex her rights. Sounds like you need to adjust your attitude and direction more than the ex does.