Husband wont list house at Current Market Value - mid divorce

[gillbott]

Thanks for clarifying it for me!! The appraisal shows that it will easily go 20k over listing price based on comps, maybe more. Comps give us a perfect starting point. Inspection revealed one big one, what I already knew -- it needs a roof. Neighborhood, condition, size -- all good. Just far too big and far too away for the girls and I. You know, the proverbial junk room stands.


Thanks again for helping me make it clear -- short and to the point has never been my point.

PS I don't want to go the psych eval route. Expensive and arbitrary. I'm probably on the spectrum too lol.

 

[Ohiogal]

Well yes, I'm being a hypocrite. The appraisal says that there is, after closing costs, easily 100k equity. I make 1/3 what he does, and I've been paying for everything (everything - mortgage, bills, food, insurance) since February. He's been unemployed since then.

You are the one in the house and he is living 300 miles away.

Why should I just let that money go?

You gotta live somewhere.

And as far as visitation, during school going 300 miles away wouldn't work. He is at their grandparents house and I'd happily let them go down there, but I'm trying to have garage sales, pack up, paint and get everything ready and can't drive them.

So in other words everything else is more important than them spending time with their dad.

When he comes over to get his things, he just behaves as he did before the separation and actually just leaves with a quick goodbye knock on their bedroom doors. I know that we will, at least in this county, have to attend parenting classes -- but he has not indicated that he wants visitation and the girls haven't asked for it. I will not be keeping them away, but I think it will take a lot of counseling for everyone to even set it up.

Really? And have you started counseling with the girls or is that just an excuse? How old are the girls? They don't drive this. As the custodial parent it is your obligation to facilitate it. So have you talked to dad about how visits should work? The girls don't need counseling to be with you so why would they need it to be with him? Oh because you are mommy. Got it.

Being called a hypocrite because I need to raise our children and need this money to do it is kind of wrong. He'll be unclear about why he has to sign an offer that might change after negotiations and require another signature. If he only wants to list for what would actually be a short sale (19k short), how will I get him to agree to sign for the highest bids?

You are being called a hypocrite because you are acting like one. You are accusing him of wanting only what he wants and wanting to exert control over you and you are doing the same thing to him. You want what you want.

Whether this his exertion of power or true neurosis (which again, he has diagnosed), why should the whole thing be based on his logic or lack of it? I was just wondering if thee is a way to make this easier. I guess that he'll try to get his parents (well off) to hire an attorney to represent him.

I hope he does.

I know what I am trying to do is against the law -- I'm not trying to take more than I am due in a settlement. I am trying to get us both as much money as we are due.

You know what you are trying to do is against the law? Really?

 

[Bali Hai]

Bali,

I think you might have it backwards....she wants to sell it for current market value, which is apparently significantly higher than what they paid for the house in 2000. He is insisting on selling it for ONLY what they paid for it in 2000, which would result in a short sale. (not high enough to even cover the mortgage).

If that is the case, then yes, you are right, he is absolutely being unreasonable.

 

[Ohiogal]

Does dad want to buy the house?

 

[LdiJ]

Does dad want to buy the house?

If he does, it still needs to be at fair market value...not what they paid for it in 2000.

 

[Ohiogal]

If he does, it still needs to be at fair market value...not what they paid for it in 2000.

Actually he can "purchase it" for half the equity in it.

 

[ecmst12]

Well, he would need to do the same thing she would - refinance it in his own name, AND pay out her half of the equity.

 

[Silverplum]

We NEVER help posters break the law.

 

[justalayman]

Is there any way that I can just have a judge take him off the deed just while I get the house sold for as much as possible?

no, not in the situation you are in.

. I make 1/3 what he does, and I've been paying for everything (everything - mortgage, bills, food, insurance) since February. He's been unemployed since then

If he is not working and you have an income. he doesn't make 3 times what you do.

so, since you are getting divorced, what else is there in the marital estate? When you work on a settlemtent agreement, the determined value can be used in the calculations. What can happen is in exchange for his share of the equity (the appraised value) you can use other cash or assets that would be yours to give to him as an offset. That way, in exchange for you transferring those assets to him, he can be ordered to relinquish his interest in the home.

or, since it is worth so much, borrow the money to buy his share of the house. If he wants to sell it at a reduced value, then so be it.

There are ways to deal with this. They just aren't based in you forcing him to sign a deed.

 

[ecmst12]

A short sale would have to be approved by the bank as well and there is no way they will approve it if the market will bear a higher price. THAT should just be off the table.

 

[Ohiogal]

A short sale would have to be approved by the bank as well and there is no way they will approve it if the market will bear a higher price. THAT should just be off the table.

If the house is worth MORE than they bought it for in 2000 -- substantially more apparently -- how would this be a short sale? Did they remortgage it at some point in the last five or ten years or does OP not know what a short sale is?

 

[ecmst12]

The price that STBX wants to list it at is 19k less than what they owe. But the house is worth considerably more than what they owe. I don't know why they owe more than they paid for it, possibly a refinance at some point.

 

[gillbott]

We owe more than the origional price because of closing costs. There are obviously too many issues here. But to anyone who was completely judgemental and disrespectful to me? That was rude and unnecicary.

 

[Zigner]

We owe more than the origional price because of closing costs. There are obviously too many issues here. But to anyone who was completely judgemental and disrespectful to me? That was rude and unnecicary.

Are you saying that there are $75,000 of closing costs that you (as the seller) would be responsible for?

 

[ecmst12]

You bought the house 13 years ago and the closing costs were so high that you STILL owe $19k more than the price of the house? That seems a little crazy.