Sale of Home During separation

[amd64a]

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

Ok here's a breakdown of my situation.

1) Wife filed for divorce and served me in early August asking for divorce and equitable distribution.

2) My lawyer responded to the complaint for divorce and equitable distribution.

3) We are in the 90 "cooling off period" right now, which ends in Early November

4) Wife moved out of the house and is living in an apartment, but is still liable for 1/2 the mortgage PLUS her rent. I understand PA divorce law to be as follows:

File divorce - 90 days waiting - and

a) I sign the affidavit of consent and we move to division of assets and final decree

b) I don't sign the affidavit of consent and she has to wait an additional 21 months for the FULL 2 year separation.


My wife is RELENTLESS about me putting the house up for sale or refinancing. I need a better paying job to refinance the house by myself. I want to keep the house, but I am doing things on my own terms and time in order to get the best job I can. My wife told me that her lawyer is writing up an "ultimatum" of

1) refinance the house within 90 days

2) the house goes up for sale WITHOUT my consent

Things are quite ugly between us right now. My question is: Can my wife FORCE me to sell the house if I DO NOT sign the affidavit of consent?

If I understand correctly, according to PA law, if I DO NOT sign the affidavit of consent, then we are still married and the home simply cannot be sold. without consent from me.

So does anyone know of ANY POSSIBLE way that she can force me to sell while we are still married? My only protection from this seems to NOT sign the affidavit of consent, and remain separated until the time is right for me. But is there ANY way for her to force a sale during the separation? I am trying to keep legal costs for me down, so before I approach my lawyer I want to have ALL my ducks in a row with how this can happen, and any applicable statutes.

 

[mistoffolees]

No, she can't force you to sell the house - and she's not likely to get a temporary order forcing the sale either.

The JUDGE can order the house to be sold. It COULD happen in the preliminary orders, but not likely. It is more likely to be ordered in the final orders - so that's how much time you have to get your affairs in order to be able to buy the house.

It's also not in her best interest to sell the house right now. If you try to sell it in a hurry, you're undoubtedly going to sell for below market value. PLUS, you'll subtract commissions and other selling expenses (plus any expenses getting it ready to sell). If you are able to refinance it, she should be able to get her full share of the marital equity without all those deductions.

I'd suggest that your attorney talk with hers and explain that she's hurting herself by trying to force the issue - and she's unlikely to win, anyway. If her attorney is any good, he'll talk with her.

 

[amd64a]

The JUDGE can order the house to be sold.

Can the Judge order it to be sold if I HAVE NOT signed the affidavit of consent at the end of the 90 day "cooling off period", that is DURING the required 2 year separation? My understanding was that nothing could happen with the divorce during that 2 year period. No division of assets ect. My lawyer said not even a judge can force me to give consent to the divorce because the statute is so undeniably clear.

It COULD happen in the preliminary orders, but not likely.

My understanding was the INTENT of the divorce statute codifying the 2 year separation period for a contested divorce was to allow for a long, long time for a reconciliation between the spouses.

A judge forcing the sale of the home would seem to violate that Intent, wouldn't it, especially if the statute explicitly says nothing can happen with the divorce until 2 years has expired.

I am thinking that I WILL NOT sign the affidavit of consent, so can these preliminary orders be handed down ANYWAY? This all seems to hinge on whether a Judge can force the sale of a home that the contesting spouse is living in DURING the explicit 2 year separation period provided by Law.

 

[mistoffolees]

Can the Judge order it to be sold if I HAVE NOT signed the affidavit of consent at the end of the 90 day "cooling off period", that is DURING the required 2 year separation? My understanding was that nothing could happen with the divorce during that 2 year period. No division of assets ect. My lawyer said not even a judge can force me to give consent to the divorce because the statute is so undeniably clear.





My understanding was the INTENT of the divorce statute codifying the 2 year separation period for a contested divorce was to allow for a long, long time for a reconciliation between the spouses.

A judge forcing the sale of the home would seem to violate that Intent, wouldn't it, especially if the statute explicitly says nothing can happen with the divorce until 2 years has expired.

I am thinking that I WILL NOT sign the affidavit of consent, so can these preliminary orders be handed down ANYWAY? This all seems to hinge on whether a Judge can force the sale of a home that the contesting spouse is living in DURING the explicit 2 year separation period provided by Law.

Go with what your attorney is telling you. But it seems that it would be worthwhile for him to have an off-the-record talk with opposing counsel to explain that your stbx is only going to hurt herself if she heads down that path.

 

[LdiJ]

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

Ok here's a breakdown of my situation.

1) Wife filed for divorce and served me in early August asking for divorce and equitable distribution.

2) My lawyer responded to the complaint for divorce and equitable distribution.

3) We are in the 90 "cooling off period" right now, which ends in Early November

4) Wife moved out of the house and is living in an apartment, but is still liable for 1/2 the mortgage PLUS her rent. I understand PA divorce law to be as follows:

File divorce - 90 days waiting - and

a) I sign the affidavit of consent and we move to division of assets and final decree

b) I don't sign the affidavit of consent and she has to wait an additional 21 months for the FULL 2 year separation.


My wife is RELENTLESS about me putting the house up for sale or refinancing. I need a better paying job to refinance the house by myself. I want to keep the house, but I am doing things on my own terms and time in order to get the best job I can. My wife told me that her lawyer is writing up an "ultimatum" of

1) refinance the house within 90 days

2) the house goes up for sale WITHOUT my consent

Things are quite ugly between us right now. My question is: Can my wife FORCE me to sell the house if I DO NOT sign the affidavit of consent?

If I understand correctly, according to PA law, if I DO NOT sign the affidavit of consent, then we are still married and the home simply cannot be sold. without consent from me.

So does anyone know of ANY POSSIBLE way that she can force me to sell while we are still married? My only protection from this seems to NOT sign the affidavit of consent, and remain separated until the time is right for me. But is there ANY way for her to force a sale during the separation? I am trying to keep legal costs for me down, so before I approach my lawyer I want to have ALL my ducks in a row with how this can happen, and any applicable statutes.

First, generally in a divorce or separation the person with possession of the house is responsible for the mortgage and upkeep. That person has the use of the home, therefore that person is responsible for paying the expenses. Therefore, don't assume that a judge would require your wife to make 1/2 of the mortgage payments.

Yes, a judge can force the sale of a marital residence if one party doesn't want the house and the other party cannot qualify to refinance the house within a reasonable amount of time. 90-120 days if often what is considered to be reasonable.

People often negotiate agreements that are different than what a judge might possibly order, but those are agreements between the parties.

How much equity does the home have? If the home doesn't have enough equity to guarantee that you would not end up with a short sale, then you might be able to convince your wife to give you longer to sell or refinance in order to protect both of your credit scores.

 

[amd64a]

Yes, a judge can force the sale of a marital residence if one party doesn't want the house and the other party cannot qualify to refinance the house within a reasonable amount of time.

So just to be clear on this:

A JUDGE can force the sale of the home EVEN IF I DO NOT sign the affidavit of consent, and we then enter the required 2 year separation period. During that period, Pennsylvania still considers us 100% Married.

I thought a house was characterized by "tenancy of the entirety" when spouses are still married, and a sale cannot be forced onto one without their consent.

Does the fact she filed for divorce give the Judge the power to force a home sale EVEN DURING a contested divorce where there MUST be a 2 year separation as required by Law?

I am just wondering HOW a Judge can force a home sale when the Law is so very clear on the separation period, and keeps the status of the couple as married UNTIL an affidavit is signed "where the parties have lived separate and apart for 2 years and the Marriage is irretrievably broken".

 

[LdiJ]

So just to be clear on this:

A JUDGE can force the sale of the home EVEN IF I DO NOT sign the affidavit of consent, and we then enter the required 2 year separation period. During that period, Pennsylvania still considers us 100% Married.

I thought a house was characterized by "tenancy of the entirety" when spouses are still married, and a sale cannot be forced onto one without their consent.

Does the fact she filed for divorce give the Judge the power to force a home sale EVEN DURING a contested divorce where there MUST be a 2 year separation as required by Law?

I am just wondering HOW a Judge can force a home sale when the Law is so very clear on the separation period, and keeps the status of the couple as married UNTIL an affidavit is signed "where the parties have lived separate and apart for 2 years and the Marriage is irretrievably broken".

Ask your attorney, but very specific about that when you ask. I would find it hard to believe that a judge could not force a division of assets during a legal separation period.

However, if you can somehow manage to delay the sale of the home, then be prepared to pay the entire mortgage and upkeep yourself.

 

[nextwife]

Why don't you see if you can put it on the market with a Right of First Refusal to yourself? That way you comply, but retain the right to be the buyer if you can match the best offer and close.

 

[Tex78704]

Given the amount of equity in the home has not been indicated here, and unless you have been in this home a very long time, it is unlikely in the current market the equity is substantial. Your wife's desire to sell may be motivated more by her wish to be off the mortgage than any division of home equity.

It appears that you are assuming your wife will continue to be liable for half the mortgage while you remain in the house, and subsidize your living in a home which at this point you simply cannot afford on your own.

Depending upon a lot of factors, this assumption could easily be incorrect. So as already pointed out above, you should be prepared for the possiblity of paying the entire mortgage and upkeep on the home much sooner than you would like.

In the event you are saddled with the entire mortgage and upkeep as the price of you remaining in the residence, that could certainly put a crimp in your plans to sit and wait it out until you get a better paying job and buy the house on your terms.