Divorced/Joint Ownership of Property

[asimmons56]

I've been divorced for 5 years this year and going through the beginning stages of selling my house. I would like to know if I need to hire real estate attorney or divorce attorney to represent me since the house has to be split 60/40 with my ex-husband.

I also need necessary interior painting and repairs before the house is listed. I plan to pay for the supplies. Since I don't have the money to cover the labor, I would like to pay for the labor upon contingency. Should I send my ex-husband a copy of the estimate or should I hire an attorney to take care of this issue?

If my ex-husband does not comply, what are my options?

Thank you

Annette

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by asimmons56:
I've been divorced for 5 years this year and going through the beginning stages of selling my house. I would like to know if I need to hire real estate attorney or divorce attorney to represent me since the house has to be split 60/40 with my ex-husband.

I also need necessary interior painting and repairs before the house is listed. I plan to pay for the supplies. Since I don't have the money to cover the labor, I would like to pay for the labor upon contingency. Should I send my ex-husband a copy of the estimate or should I hire an attorney to take care of this issue?

If my ex-husband does not comply, what are my options?

Thank you

Annette <HR></BLOCKQUOTE>

Any of the 2 types of attorneys should be ok. Only use the divorce counsel as long as the divorce attorney has experience in real estate transactions. You can not force your ex to pay for painting and repairs etc. to make the home more marketable. Although if you spruce up the home ie. curb appeal etc., you would get more interest and possible more money. What if he, like you, does not have the money to fix up the home? One option would be to sell the home in "as-is" condition to limit the out of pocket expense.

 

[asimmons56]

In the divorce decree it states that, "If major repairs become necessary, major being defined as any one event which costs in excess of $350., the parties shall equally share the cost of the same. The parties shall also equally share the cost of any fix-up rquired to sell the property.

Do you still think I can't get him to agree legally?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by asimmons56:
I've been divorced for 5 years this year and going through the beginning stages of selling my house. I would like to know if I need to hire real estate attorney or divorce attorney to represent me since the house has to be split 60/40 with my ex-husband.

I also need necessary interior painting and repairs before the house is listed. I plan to pay for the supplies. Since I don't have the money to cover the labor, I would like to pay for the labor upon contingency. Should I send my ex-husband a copy of the estimate or should I hire an attorney to take care of this issue?

If my ex-husband does not comply, what are my options?

Thank you

Annette <HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by asimmons56:
In the divorce decree it states that, "If major repairs become necessary, major being defined as any one event which costs in excess of $350., the parties shall equally share the cost of the same. The parties shall also equally share the cost of any fix-up rquired to sell the property.

Do you still think I can't get him to agree legally?

<HR></BLOCKQUOTE>

Why didn't you tell me that originally? Based on the divorce decree language, yes he is legally bound to share this expense.