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My soon-ex-to-be doesn't want to sell the house or leave it

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L

LSMiami

Guest
What is the name of your state? Florida

I already posted under "Domestic Violence" and under "LSMiami."

If the court is dragging its feet and I want my soon-to-be-ex to leave the house as soon as possible, how should I do it?

I have been told that there is a form, from the court, that forces the spouse to sign the papers to sell the house even if he does not want to do it. Do you know what is it?

I started working about 1 year ago, while he has no means to support our child, when we go to court to fight our child custody case. He wants me to "buy me out" at the lowest possible sale price [he stated to me that the value of our house is $150,000]. I went to another realtor and he values our house at $200,000. How could I buy him out? How much money are we talking about? Can someone help me if I do not have any money? If the court decides to award me the house to stay with my child, would I be able to sell it or rent it later? If the court wants me to stay in the house with my son, for "the benefit of the child" would my ex put restrictions on whatever I can do with the house or whom should I bring into it in the future?

Please advise,

Thank you so much!

P.S. I tried to a restraining order, but my attorney adviced me not to, since it is hard to proof "verbal abuse." He instead is forcing thru the court with another motion to remove my ex from the house...
 


JETX

Senior Member
Q1) "If the court is dragging its feet and I want my soon-to-be-ex to leave the house as soon as possible, how should I do it?"
A1) Is his name on the title?? If so, then you can't just 'force' him out... after all, he has just as much right to be there as you do.

Q2) "I have been told that there is a form, from the court, that forces the spouse to sign the papers to sell the house even if he does not want to do it. Do you know what is it?"
A2) Yes, it is a legal process where the court hears all the facts and then, if it agrees, can order the house sold and the proceeds split between the owners.

Q3) "He wants me to "buy me out" at the lowest possible sale price [he stated to me that the value of our house is $150,000]. I went to another realtor and he values our house at $200,000. How could I buy him out?"
A3) You can refinance and get a new loan in your name only, if you can qualify. If not, then you can sell the house and split the proceeds.

Q4) "How much money are we talking about?"
A4) Whatever the equity is (the difference between fair market value and the amount you owe).

Q5) "Can someone help me if I do not have any money?"
A5) Unlikely. But heck, even Nicole Smith found at sugar daddy.

Q6) "If the court decides to award me the house to stay with my child, would I be able to sell it or rent it later?"
A6) Based on your post, it is likely that you would have to sell it now, in order to get the funds to buy out his share.... or to agree to a future buyout.

Q7) "If the court wants me to stay in the house with my son, for "the benefit of the child" would my ex put restrictions on whatever I can do with the house or whom should I bring into it in the future?"
A7) For some reason, you have gotten the impression that the court is going to take his equity and just give it to you. That is NOT going to happen. The courts could allow you to stay in the property and make the payments.... and let him have his equity value on a future sale.
 

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