Divorced and living together

[ld4runner]

What is the name of your state (only U.S. law)? New York
It's a mother/daughter style hi-ranch home. I live in the downstairs apartment and the ex resides upstairs. There is a common hallway that leads to the laundry room and the garage. My ex has threatened to put a lock on my door from the hallway side preventing my access to the laundry room and the garage. Her access to the hallway does not have a door, just a flight of stairs leading to the upstairs apartment. Can I build a wall in the hallway blocking her access to the laundry room and garage?

 

[Nevergrowup]

What is the name of your state (only U.S. law)? New York
It's a mother/daughter style hi-ranch home. I live in the downstairs apartment and the ex resides upstairs. There is a common hallway that leads to the laundry room and the garage. My ex has threatened to put a lock on my door from the hallway side preventing my access to the laundry room and the garage. Her access to the hallway does not have a door, just a flight of stairs leading to the upstairs apartment. Can I build a wall in the hallway blocking her access to the laundry room and garage?

Build what you want. Expect her to tear it down.

If she puts a lock on it, feel free to break it.

Silly, isn't it?

Edited to ask, are you DIVORCED, or DIVORCING? If you are Divorced, as your title suggests, why on earth are you living together?

 

[ld4runner]

Build what you want. Expect her to tear it down.

If she puts a lock on it, feel free to break it.

Silly, isn't it?

Edited to ask, are you DIVORCED, or DIVORCING? If you are Divorced, as your title suggests, why on earth are you living together?

We started the selling price too high and the agreement states every 60 days asking price must be reduced 2%. It's been almost 2 years and the asking price is still too high. The ex is refusing to reduce it because a previous stipulation states she only has to pay 25% of the mortgage and no utilities. It's cheaper for her to still live there and I can't afford to pay mortgage and another place of my own. From what I have read if she changes the lock I have to get a locksmith to open it because it's illegal to break or damage anything.

 

[Nevergrowup]

We started the selling price too high and the agreement states every 60 days asking price must be reduced 2%. It's been almost 2 years and the asking price is still too high. The ex is refusing to reduce it because a previous stipulation states she only has to pay 25% of the mortgage and no utilities. It's cheaper for her to still live there and I can't afford to pay mortgage and another place of my own. From what I have read if she changes the lock I have to get a locksmith to open it because it's illegal to break or damage anything.

what does your lawyer say? Are you DIVORCED or DIVORCING? If divorcing, maybe it is time to go to court to ask for a force sale of the house, or a change in how the cost is split, due to the length of time it is taking.

Why is she threatening to put a lock on it?

 

[ld4runner]

what does your lawyer say? Are you DIVORCED or DIVORCING? If divorcing, maybe it is time to go to court to ask for a force sale of the house, or a change in how the cost is split, due to the length of time it is taking.

Why is she threatening to put a lock on it?

We are divorced almost 2 years. I've avoided contacting my attorney because I can't afford to pay him anymore. She wants to prevent my access to the upstairs even though I do not go up there. If she put a dead bolt lock on the hallway side the only way is to break the door down.

 

[Ohiogal]

Who was given POSSESSION of the marital home in the divorce? What does the court order state regarding the marial home in the divorce decree -- word for word WITHOUT the names?

 

[LdiJ]

We are divorced almost 2 years. I've avoided contacting my attorney because I can't afford to pay him anymore. She wants to prevent my access to the upstairs even though I do not go up there. If she put a dead bolt lock on the hallway side the only way is to break the door down.

Ok, she wants privacy which is valid. So, why not build out a small foyer at the end of her stairs, with a door that locks, so that you cannot access the upstairs but you both can access the hallway and garage? Or, build in a door at the top of the stairs for the same purpose?

This is NOT an insurmountable problem, and might even make the property more attractive to a buyer.

 

[Ohiogal]

Ok, she wants privacy which is valid. So, why not build out a small foyer at the end of her stairs, with a door that locks, so that you cannot access the upstairs but you both can access the hallway and garage? Or, build in a door at the top of the stairs for the same purpose?

This is NOT an insurmountable problem, and might even make the property more attractive to a buyer.

He may not be able to do that. It matters exactly how the court order addresses the issue.

 

[LdiJ]

He may not be able to do that. It matters exactly how the court order addresses the issue.

What would that have to do with making minor improvements inside the property? No matter what the court order says, obviously they have agreed to share the home until it sells (and I bet that is what the agreement says since they are both responsible to pay something towards the mortgage), so why not do something that might even make the property more able to be sold?

 

[Ohiogal]

What would that have to do with making minor improvements inside the property? No matter what the court order says, obviously they have agreed to share the home until it sells (and I bet that is what the agreement says since they are both responsible to pay something towards the mortgage), so why not do something that might even make the property more able to be sold?

What would it have to do? If she was given POSSESSION of the home then he is nothing more than a tenant quite frankly and he would need HER permission. Redoing a portion of the house is NOT a minor improvement. It might make the property more able to be sold but until you know exactly what the court order states regarding the home, you can't advise him on what he can or can not do. It also might require that both parties AGREE to any changes OR split the cost of all "improvements" or various other thing that COULD cause problems for the OP if he were to just listen to you.

 

[ld4runner]

In the divorce settlement agreement it states that the house must be sold. We are both equal owners of the house. I could build the wall with the door but that still would not prevent her from putting a lock on my door on the hallway side. I'm the one that is looking for more privacy, not her. She stands outside my door in the hallway and listens to my conversations. The order does not mention anything about home improvements. It just states that I pay all utilities and 75% of the mortgage until the house is sold.

 

[Ohiogal]

In the divorce settlement agreement it states that the house must be sold. We are both equal owners of the house. I could build the wall with the door but that still would not prevent her from putting a lock on my door on the hallway side. I'm the one that is looking for more privacy, not her. She stands outside my door in the hallway and listens to my conversations. The order does not mention anything about home improvements. It just states that I pay all utilities and 75% of the mortgage until the house is sold.

WORD FOR WORD please regarding the real property. You can leave out names and addresses.

 

[ld4runner]

It states "Upon the the signing of this Agreement, the parties agree that the marital resisdnece shall be immediately placed on the martket for sale with a Real Estate Broker who offers the lowest commission agreement. Husband and wife each shall receive fifty (50%) of the net proceeds of the sale of said residence.

 

[ld4runner]

It further states that "Both parties agree that if they receive an offer in excess of $450K that they must accept said offer and sign a contract for the sale at that price. Should the home not be in contract within sixty days of listing than the parties shall reduce the asking price by 2% and 2% every sixty days thereafter. It does not mention anything else other than if any liens are or become placed on the house that party is responsible.

 

[Ohiogal]

It further states that "Both parties agree that if they receive an offer in excess of $450K that they must accept said offer and sign a contract for the sale at that price. Should the home not be in contract within sixty days of listing than the parties shall reduce the asking price by 2% and 2% every sixty days thereafter. It does not mention anything else other than if any liens are or become placed on the house that party is responsible.

If your ex is refusing to reduce it, take the court order to the realtor and force the issue. if the realtor refuses, take your ex back to court for contempt.