not sure what kind of attorney?

[ZmansGirl09]

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

Our divorce decree specifies that the house be put up for sale, and that equity is to be split equally upon sale of the house. That was almost a year and a half ago. There are now issues.

ex has had house on the market for $165K and refuses to lower it to market value. He claims market value is now only $120K and wants to take me to court and "force me" to accept my share of the equity based on this new value (none of which have come from a professional, 3 of which have given me written statements that the value is about $141K).

We have not actually had an offer on the house. He just (thinks?) he has an opportunity to pay me as little as possible.

I'm not out for money by any stretch, but I don't want to get screwed over either. And since he has retained an attorney (i don't know who yet, he just said, "I'm going to contact my lawyer), I suppose I need one, too.

Is this a Family Law matter? Or Real Estate attorney matter? Both? Something else altogether? It might seem like a strange question but when I was looking up Family Law attorneys I didn't see anything in their 'range of services' that seemed to cover what I need. Or maybe I just dont' know for sure what I need. Consultations are $250 each and I don't have money to spread around different attorneys just to find out they're the wrong person....

 

[Zigner]

Yes, you want a divorce attorney. I would be surprised if you couldn't find one to sit down with you for a free consultation.

 

[LdiJ]

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

Our divorce decree specifies that the house be put up for sale, and that equity is to be split equally upon sale of the house. That was almost a year and a half ago. There are now issues.

ex has had house on the market for $165K and refuses to lower it to market value. He claims market value is now only $120K and wants to take me to court and "force me" to accept my share of the equity based on this new value (none of which have come from a professional, 3 of which have given me written statements that the value is about $141K).

We have not actually had an offer on the house. He just (thinks?) he has an opportunity to pay me as little as possible.

I'm not out for money by any stretch, but I don't want to get screwed over either. And since he has retained an attorney (i don't know who yet, he just said, "I'm going to contact my lawyer), I suppose I need one, too.

Is this a Family Law matter? Or Real Estate attorney matter? Both? Something else altogether? It might seem like a strange question but when I was looking up Family Law attorneys I didn't see anything in their 'range of services' that seemed to cover what I need. Or maybe I just dont' know for sure what I need. Consultations are $250 each and I don't have money to spread around different attorneys just to find out they're the wrong person....

So, does he want to keep the house? Is that why he is pushing you? Is he responsible for making the payments and the upkeep on the home?

If you don't have an urgent reason for either needing the money now or needing your credit freed up, you could call his bluff.

You could telling him that you would be happy for him to take it to court, and that you will ask that the judge order him to list the house at its fair market value...based on actual professional appraisals. You could tell him that you are going to get half the proceeds either way, therefore you would prefer it be sold to a stranger at fair market value.

If he REALLY wants to keep the house, then he might get more cooperative. If not, you still have the option of taking it back to court.

However, I would strongly recommend that you contact the mortgage company and make sure that the payments are current.