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My husband's home with his ex-wife..

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arrabella

Junior Member
What is the name of your state (only U.S. law)? PENNSYLVANIA.

Hi.

2013- My now husband was previously married and caught his E-W cheating on him in front of his face. He took the dog and moved out asap.

2014- Divorced, per terms, she continued living in and taking care of all rent, and the rule was she had 2 years to put on market, split gain/loss at a certain percent (not sure specifics). They put no money down on this home, her mother paid. He basically split mortgage for the time they were there. *NOTE: not sure if it matters, but they bought the house together before they got married, so I hear that makes options more expensive/complicated. Both names on the house. She never changed hers.

2016- June house was needed to be listed, it came & went, E-W said she got a job across country and was going to rent the home out for a year, see if the market improves, because at the time they would probably lose money, he said ok. She now makes money off renting this home to pay the mortgage and likely has a property manager.

2017- Husband and I are married, we buy a home 20% down- all good and split. I tell him we need to cut this house out of our lives and move on without it. He agrees, approaches her and she says no. So he says "Ok then it gets listed tomorrow" Finally, she says ok, she learns she now makes more money herself then they both did when they applied for the mortgage, to outright take over the mortgage on her own. But she was going to make him pay more than half for all of the fees because "she couldn't afford it" He said he would give her $3,000 and no more and she agreed. Turns out the program/deal she was banking on did not approve her because she had left the state. So that fell through. NOT HIS FAULT.

2018- What is the next move here? She is making money off this house, and my husband has this property in his name that god forbid anything happened to he will be liable. We have bought a new home together, we have a mortgage. We want this out of our lives as it should have been in 2016. We have our savings together, and now all our finances could potentially be going to getting rid of this house.

Is there any way to force her? Contempt? Is just agreeing to wait ONE YEAR via email enough to break what the divorce documents stated must be done. She needs to move. She is not motivated and neither is he, but I am tired of this so would like some insight. Thank you!!
 
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Just Blue

Senior Member
What is the name of your state (only U.S. law)? PENNSYLVANIA.

Hi.

2013- My now husband was previously married and caught his E-W cheating on him in front of his face. He took the dog and moved out asap.

2014- Divorced, per terms, she continued living in and taking care of all rent, and the rule was she had 2 years to put on market, split gain/loss at a certain percent (not sure specifics). They put no money down on this home, her mother paid. He basically split mortgage for the time they were there.

2016- June house was needed to be listed, it came & went, E-W said she got a job across country and was going to rent the home out for a year, see if the market improves, because at the time they would probably lose money, he said ok. She now makes money off renting this home to pay the mortgage and likely has a property manager.

2017- Husband and I are married, we buy a home 20% down- all good and split. I tell him we need to cut this house out of our lives and move on without it. He agrees, approaches her and she says no. So he says "Ok then it gets listed tomorrow" Finally, she says ok, she learns she now makes more money herself then they both did when they applied for the mortgage, to outright take over the mortgage on her own. But she was going to make him pay more than half for all of the fees because "she couldn't afford it" He said he would give her $3,000 and no more and she agreed. Turns out the program/deal she was banking on did not approve her because she had left the state. So that fell through. NOT HIS FAULT.

2018- What is the next move here? She is making money off this house, and my husband has this property in his name that god forbid anything happened to he will be liable. We have bought a new home together, we have a mortgage. We want this out of our lives as it should have been in 2016. We have our savings together, and now all our finances could potentially be going to getting rid of this house.

Is there any way to force her? Contempt? Is just agreeing to wait ONE YEAR via email enough to break what the divorce documents stated must be done. She needs to move. She is not motivated and neither is he, but I am tired of this so would like some insight. Thank you!!
With all due respect...If your husband has a legal question regarding his LEGAL ISSUES ....Please have him join the site and ask for himself. LEGALLY this is none of your business.

Thank You for your understanding...
:)
Bambi
 

CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? PENNSYLVANIA.

Hi.

2013- My now husband was previously married and caught his E-W cheating on him in front of his face. He took the dog and moved out asap.

2014- Divorced, per terms, she continued living in and taking care of all rent, and the rule was she had 2 years to put on market, split gain/loss at a certain percent (not sure specifics). They put no money down on this home, her mother paid. He basically split mortgage for the time they were there. *NOTE: not sure if it matters, but they bought the house together before they got married, so I hear that makes options more expensive/complicated. Both names on the house. She never changed hers.

2016- June house was needed to be listed, it came & went, E-W said she got a job across country and was going to rent the home out for a year, see if the market improves, because at the time they would probably lose money, he said ok. She now makes money off renting this home to pay the mortgage and likely has a property manager.

2017- Husband and I are married, we buy a home 20% down- all good and split. I tell him we need to cut this house out of our lives and move on without it. He agrees, approaches her and she says no. So he says "Ok then it gets listed tomorrow" Finally, she says ok, she learns she now makes more money herself then they both did when they applied for the mortgage, to outright take over the mortgage on her own. But she was going to make him pay more than half for all of the fees because "she couldn't afford it" He said he would give her $3,000 and no more and she agreed. Turns out the program/deal she was banking on did not approve her because she had left the state. So that fell through. NOT HIS FAULT.

2018- What is the next move here? She is making money off this house, and my husband has this property in his name that god forbid anything happened to he will be liable. We have bought a new home together, we have a mortgage. We want this out of our lives as it should have been in 2016. We have our savings together, and now all our finances could potentially be going to getting rid of this house.

Is there any way to force her? Contempt? Is just agreeing to wait ONE YEAR via email enough to break what the divorce documents stated must be done. She needs to move. She is not motivated and neither is he, but I am tired of this so would like some insight. Thank you!!
If he's not motivated ... well, you have to start thinking about asking him some uncomfortable questions.
 

xylene

Senior Member
You were a fool to agree to marriage before the joint property of his former marriage was disposed of.
 

HRZ

Senior Member
HUbby needs to revew with lawyer how to best punch the buttons to move this forward...as he should have done months ago.

Impossibility of getting finances at something akin to market rates is ofTen a valid defense against getting it done ....but I suspect that is NOT why she is dragging her feet. And I seriously doubt she has tried any too hard to get financing .

How you punch his buttons is up to you....

BTW .what is the supposed split of gain?

Btw, roughly how many months has this home been rented out..
 

adjusterjack

Senior Member
Is there any way to force her? Contempt? Is just agreeing to wait ONE YEAR via email enough to break what the divorce documents stated must be done. She needs to move. She is not motivated and neither is he, but I am tired of this so would like some insight.
It's time for him to hire a lawyer and get her into court to force the sale of the home.

Understand that lawyer fees will come out of both your pockets and they won't be cheap.

If you don't hire a lawyer nothing changes and the E-W will be sitting pretty in a house that is much to her financial advantage.
 

Zigner

Senior Member, Non-Attorney
It's time for him to hire a lawyer and get her into court to force the sale of the home.

Understand that lawyer fees will come out of both your pockets and they won't be cheap.

If you don't hire a lawyer nothing changes and the E-W will be sitting pretty in a house that is much to her financial advantage.
What standing do you feel the OP has in this matter? :confused:
 

HRZ

Senior Member
OP has a vested interest in the outcome and in the meantime she may withhold some elements of comfort and good cooking ?
 

Zigner

Senior Member, Non-Attorney
OP has a vested interest in the outcome and in the meantime she may withhold some elements of comfort and good cooking ?
OP has no "vested interest" in this matter. As to withholding comfort and cooking...I suppose that's always an option ;)
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? PENNSYLVANIA.

Hi.

2013- My now husband was previously married and caught his E-W cheating on him in front of his face. He took the dog and moved out asap.

2014- Divorced, per terms, she continued living in and taking care of all rent, and the rule was she had 2 years to put on market, split gain/loss at a certain percent (not sure specifics). They put no money down on this home, her mother paid. He basically split mortgage for the time they were there. *NOTE: not sure if it matters, but they bought the house together before they got married, so I hear that makes options more expensive/complicated. Both names on the house. She never changed hers.

2016- June house was needed to be listed, it came & went, E-W said she got a job across country and was going to rent the home out for a year, see if the market improves, because at the time they would probably lose money, he said ok. She now makes money off renting this home to pay the mortgage and likely has a property manager.

2017- Husband and I are married, we buy a home 20% down- all good and split. I tell him we need to cut this house out of our lives and move on without it. He agrees, approaches her and she says no. So he says "Ok then it gets listed tomorrow" Finally, she says ok, she learns she now makes more money herself then they both did when they applied for the mortgage, to outright take over the mortgage on her own. But she was going to make him pay more than half for all of the fees because "she couldn't afford it" He said he would give her $3,000 and no more and she agreed. Turns out the program/deal she was banking on did not approve her because she had left the state. So that fell through. NOT HIS FAULT.

2018- What is the next move here? She is making money off this house, and my husband has this property in his name that god forbid anything happened to he will be liable. We have bought a new home together, we have a mortgage. We want this out of our lives as it should have been in 2016. We have our savings together, and now all our finances could potentially be going to getting rid of this house.

Is there any way to force her? Contempt? Is just agreeing to wait ONE YEAR via email enough to break what the divorce documents stated must be done. She needs to move. She is not motivated and neither is he, but I am tired of this so would like some insight. Thank you!!
You have given absolutely no reason why this matter is urgent other than it seriously annoys you for some reason. Since her mother put down the down payment her mother certainly has a vested interest in ensuring that either her daughter can take over the house or that they get a good enough price to pay her back.

Otherwise, there seems to be no good reason at all to force a sale of the house...and no, she is not making any money on the house. Rental homes with a mortgage generally lose money rather than make money. Rental homes don't start making any real money until the mortgage is paid off, or at least close to paid off.
 

HRZ

Senior Member
OP s hubby : has not posted the supposed split which might matter as to $ magnitude .

I think hubby is far from prudent :
1.HE is on note, if EX drops the ball, He is on hook .
2. Especially. In light of rental use...I gotta wonder if adaquate insurance is in place with him as a named insured.and if a tenant trashes the place...his value drops
3. If he dies, it's gonna be fun for his executor to recover value if title was jtwros and is now held by Ex ( and it may trigger transfer tax and inheritance tax in Pa.on his 1/2 ..I didn't check)
4.mom is not a party to divorce, and the order doesn't say refinance it, it says get it sold in 2 years ..what's to debate? the court did not say to invent your own rules as you see or wait for a better market . it is a reasonable solution for ex to buy it it if the parties can agree what is market price or acceptable price ..but if ex is unwilling to buy it in or unable on borrowing terms she likes...get it done ..yes it's urgent...because she is late as to a defined deadline .
 

stealth2

Under the Radar Member
OP s hubby : has not posted the supposed split which might matter as to $ magnitude .

I think hubby is far from prudent :
1.HE is on note, if EX drops the ball, He is on hook .
2. Especially. In light of rental use...I gotta wonder if adaquate insurance is in place with him as a named insured.and if a tenant trashes the place...his value drops
3. If he dies, it's gonna be fun for his executor to recover value if title was jtwros and is now held by Ex ( and it may trigger transfer tax and inheritance tax in Pa.on his 1/2 ..I didn't check)
4.mom is not a party to divorce, and the order doesn't say refinance it, it says get it sold in 2 years ..what's to debate? the court did not say to invent your own rules as you see or wait for a better market . it is a reasonable solution for ex to buy it it if the parties can agree what is market price or acceptable price ..but if ex is unwilling to buy it in or unable on borrowing terms she likes...get it done ..yes it's urgent...because she is late as to a defined deadline .
Neither is OP.

Really, HRZ, stop posting nonsense. Or if you must? Try to make some sense.
 

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