enforcing decree

[mschroer]

What is the name of your state (only U.S. law)? Texas
My divorce was final in July - the decree stated that the family home was to be sold and detailed how the profit, if any, was to be divided. Property sales are slow in Tx, we have just now received 2 offers on the home. But ex-husband is refusing to accept any and all offers. Our agent has talked to him and explained that these are good offers...ex refuses to talke to me at all. Unfortunately I have not completely paid off my lawyer so I'm not sure if he will help me now or not....I had counted on paying him off when the house sold - just didn't think it would take this long or forsee this problem with the ex. Is there anything I can do to force/encourage ex to accept a reasonable offer? Preferably something that is not going to cost a fortune. I am stuck paying the mortgage, loan pmts and all the bills until the house is sold so I am pretty much broke.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Texas
My divorce was final in July - the decree stated that the family home was to be sold and detailed how the profit, if any, was to be divided. Property sales are slow in Tx, we have just now received 2 offers on the home. But ex-husband is refusing to accept any and all offers. Our agent has talked to him and explained that these are good offers...ex refuses to talke to me at all. Unfortunately I have not completely paid off my lawyer so I'm not sure if he will help me now or not....I had counted on paying him off when the house sold - just didn't think it would take this long or forsee this problem with the ex. Is there anything I can do to force/encourage ex to accept a reasonable offer? Preferably something that is not going to cost a fortune. I am stuck paying the mortgage, loan pmts and all the bills until the house is sold so I am pretty much broke.

What is the exact wording of the part of your order discussing sale of the home? It may be possible to force him, but you'll probably have to go back to court.

 

[mschroer]

The decree just says that the property is to be listed for sale with an agreed realtor at an agreed price. Then it says that if the parties are unable to agree upon the price the issue shall be submitted to the court to determine. I'm waiting for a call back from my lawyer to see what he says.

 

[mistoffolees]

The decree just says that the property is to be listed for sale with an agreed realtor at an agreed price. Then it says that if the parties are unable to agree upon the price the issue shall be submitted to the court to determine. I'm waiting for a call back from my lawyer to see what he says.

In legal matters, exact wording is critical. Unless you provide the exact wording, no one can give you a definite answer.

But, it is likely that you will have to submit it to the court.

 

[Bali Hai]

In legal matters, exact wording is critical. Unless you provide the exact wording, no one can give you a definite answer.

But, it is likely that you will have to submit it to the court.

I agree, it appears that ex-husband is not willing to give the place away, probably because it was his sweat that paid for it.

OTOH, it appears OP just wants the place sold to get her lawyer paid and settle for some quick cash.

It's not uncommon for a house to be on the market for a year or two. This OP's house has been on the market for 6 months indicating that she's eager to dump the place.

In my experience, the ex's lawyer got very nasty when I refused to get low balled. This was because he was getting paid out of her proceeds of the sale.

Who knows, perhaps the judge has a friend or relative that wants to buy the place.

 

[mistoffolees]

I agree, it appears that ex-husband is not willing to give the place away, probably because it was his sweat that paid for it.

OTOH, it appears OP just wants the place sold to get her lawyer paid and settle for some quick cash.

It's not uncommon for a house to be on the market for a year or two. This OP's house has been on the market for 6 months indicating that she's eager to dump the place.

In my experience, the ex's lawyer got very nasty when I refused to get low balled. This was because he was getting paid out of her proceeds of the sale.

Who knows, perhaps the judge has a friend or relative that wants to buy the place.

Leave it to Bali to put his anti-woman spin on everything. Circumstances are not quite what you claim.

Homes that sell are on the market an average of about 3 months in today's climate. Invariably, when a home is on the market 6 months without selling, the asking price is too high for the home, location, and condition.

They have 2 offers -and OP says that husband refuses to consider ANY offers. That is not reasonable. Her attorney says that the offers are fair, although that is, of course, just his opinion.

But the bigger problem with your spin is that you claim that it was the husband's sweat that paid for the home - but OP says that SHE is the one paying the mortgage and the bills.

IOW, you were wrong on almost everything you claimed. OP has every right to go back to court to try to get an order for the home to be sold - or for her to control the terms of the sale.

 

[Bali Hai]

Leave it to Bali to put his anti-woman spin on everything. Circumstances are not quite what you claim.

Homes that sell are on the market an average of about 3 months in today's climate. Invariably, when a home is on the market 6 months without selling, the asking price is too high for the home, location, and condition.

They have 2 offers -and OP says that husband refuses to consider ANY offers. That is not reasonable. Her attorney says that the offers are fair, although that is, of course, just his opinion.

OP: Property sales are slow in Tx, we have just now received 2 offers on the home. But ex-husband is refusing to accept any and all offers.

OP has admitted property sales are slow in Tx. They have just received 2 offers and husband refuses to accept any and ALL offers?

But the bigger problem with your spin is that you claim that it was the husband's sweat that paid for the home - but OP says that SHE is the one paying the mortgage and the bills.

I'll have to give her credit for that. When did she start doing this?

IOW, you were wrong on almost everything you claimed. OP has every right to go back to court to try to get an order for the home to be sold - or for her to control the terms of the sale.

BTW - It's her real estate agent that says the offers are fair. If she wants to convince ex that offers are fair, she should get a professional appraisal done. Let the husband select the appraiser and let her pay for it.

 

[mschroer]

Number one, the home has been on the market for over a year. At the fairly reasonably asking price for 6 months, with no offers until now.
Number two, our real estate agent was picked by my ex husband and is/was a friend of his. So I would think taking his advise would be reasonable.
Number three, I have been paying all the bills since April of 2011 and 90% before that. Ex cannot hold down a regular job.

On a good note, after advising him that I would be going to a lawyer to take the matter to the court, the ex called our agent and is willing to discuss with him and possibly negotiate offers.

mistoffolees, thank you for your advice.