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Question on buying out Ex on house

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sddad

Member
What is the name of your state? California

My question for those that can comment or have experienced this before: Is it correct to take into consideration the cost of the realtor fee (approximately 3-6%) when calculating the buy out amount of the house. Or this should not be considered as the house isn't being sold but more like being refinanced to take out the cash to buy off the Ex.

Example:

House worth $400K
Amount owed on house $200K
Difference is $200K

My 1/2 is $100K her half is $100K. Can I use a realtor fee in this calculation as if I was really selling but in theory I am not but are doing something like that. I would of course split the realtor fee if applicable.

I am in disagreement with my Ex on this as we are trying to peacefully negotiate the terms without involving our lawyers and just have them draw up the final paperworks.

Thanks in advance.
 


BelizeBreeze

Senior Member
Give her 1/2 value or $100,000 or the court will do it and add court costs and legal fees.

You can also suggest that the two of you split the legal fees associated with the sale. Because that's what it is.
 

sddad

Member
BelizeBreeze,

Thansks for the info. I don't mind giving the Ex what's her and splitting up the realtor fee. Her point is that I am not selling the house therefore she isn't liable for the realtor fee. My explanation to her was that what I am doing is like selling the house to get money out and my compromise was that I am asking that we split the realtor fee. She doesn't want anymore taken out from the her half that is why she is has a difficult time with this and is saying that I'm nickel and diming her on this.


Any other suggestions??
 

BelizeBreeze

Senior Member
Yes, tell her that if she doesn't like splitting the cost of the sale down the middle that's fine. You'll simply file Partition for sale against the property and include in your lawsuit that ALL costs be taxed to defendant.
 

sddad

Member
BelizeBreeze,

Are you from Belize? I was there earlier this year. San Pedro was a beautiful place. Diving at the Blue hole was one of a kind. The food...fantastic. Especially Elvi's Kitchen. Thanks again.
 

ili

Member
Belize Breeze:

I haven't figured out how to send private messages so here I go. My daughter has been to Belize twice on mission trips and my two grandsons
once each. They love it and talk about how loving the people are.
 

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