Can I make soon-to-be ex-husband sell our home because of debts in bankruptcy

[Angie may]

What is the name of your state?az

husband and I are getting divorce. My choice. And we are in a little of debt with credit cards, lians, real estate payments, etc. I am unable to pay my bills and rent and we have been late in 2 months mirtage for an unfinished home and land. He also own a business together that has went bankrupt pretty much and our bank accounts are negative thousands of dollars. My question is can I legally make him sell the unfinished home to pay off debts and get our bank accounts up to not negative we are both on the second-lien for the property and it was owner financed. He does not want to sell it cuz he wants to finish it and try to make the most money out of it but our credit scores are very poor and we owe a lot of money 2 employees and Banks Etc not to mention living expenses and Im looking for a job right now so this would be the one asset we have that could get us balanced out. I have an offer cash offer for the home right now and Im trying to get him to sign it but he will not.

 

[Shadowbunny]

What is the name of your state?az

husband and I are getting divorce. My choice. And we are in a little of debt with credit cards, lians, real estate payments, etc. I am unable to pay my bills and rent and we have been late in 2 months mirtage for an unfinished home and land. He also own a business together that has went bankrupt pretty much and our bank accounts are negative thousands of dollars. My question is can I legally make him sell the unfinished home to pay off debts and get our bank accounts up to not negative we are both on the second-lien for the property and it was owner financed. He does not want to sell it cuz he wants to finish it and try to make the most money out of it but our credit scores are very poor and we owe a lot of money 2 employees and Banks Etc not to mention living expenses and Im looking for a job right now so this would be the one asset we have that could get us balanced out. I have an offer cash offer for the home right now and Im trying to get him to sign it but he will not.

You can't make him, however, the court may order him to either buy you out or sell the house in the divorce order.

 

[Angie may]

He wants to buy me out but he doesn't have any money and can't get a loan whatdo ever.

Our business is failing because we do not have the money to run it. We already have pre paid reservation from before and now we have to cancel services and can't refund people. Our bank accounts are negative about $10000. And credit cards over the limits. And we have missed 2 months of mirtage payments on the unfinished home and land. I had to ask my parents for rent money and gave no way to pay bills and utilities until I start working next month.

Wouldn't this be a reason to force him to sell our only assets?

We have got a cash offer that will make all of these debts go away and leave each of us with a small profit. He just won't give up on finishing the house even though he has no means to do it financially.

Is there a legal term for this?

 

[Shadowbunny]

He wants to buy me out but he doesn't have any money and can't get a loan whatdo ever.

Our business is failing because we do not have the money to run it. We already have pre paid reservation from before and now we have to cancel services and can't refund people. Our bank accounts are negative about $10000. And credit cards over the limits. And we have missed 2 months of mirtage payments on the unfinished home and land. I had to ask my parents for rent money and gave no way to pay bills and utilities until I start working next month.

Wouldn't this be a reason to force him to sell our only assets?

We have got a cash offer that will make all of these debts go away and leave each of us with a small profit. He just won't give up on finishing the house even though he has no means to do it financially.

Is there a legal term for this?

There are a few possible outcomes:

1) Foreclosure: since you are unable to pay the mortgage, at some point the lender is going to foreclose and you'll lose the house.
2) Bankruptcy: This may be your best bet, but if the unfinished home isn't your primary residence, you may have to sell it to meet your other obligations.
3) Divorce: The judge orders the unfinished home to be sold.

You'll notice that none of the options are to force him to sell the house outside of a judge's orders. You really should talk to both a divorce attorney and a bankruptcy attorney.

 

[Angie may]

Thank you for the answers my problem is right now that we have a cash offer that would eliminate all of this debt and basically give us each a little bit of cash profit but he is unwilling to sign it would this be going through the divorce attorney or the bankruptcy attorney because I would like to pay everything off and not do the bankruptcy if I don't have to

 

[Angie may]

Thank you for the answers my problem is right now that we have a cash offer that would eliminate all of this debt and basically give us each a little bit of cash profit but he is unwilling to sign it would this be going through the divorce attorney or the bankruptcy attorney because I would like to pay everything off and not do the bankruptcy if I don't have to

And they want to close on the 24th of this month which means we would not miss any more payments and be done with it so to speak

 

[Just Blue]

And they want to close on the 24th of this month which means we would not miss any more payments and be done with it so to speak

Who is "they"? ??

 

[Angie may]

The buyers that made the offer.

 

[Just Blue]

The buyers that made the offer.

What buyers? Do you mean you put the house up for sale without his permission??

 

[Angie may]

Yes it was for sale by owner and legally I could do that my lawyer said but obviously I cannot sign his end of the contract. The buyers know my situation and understand that he might not sign and I would need to seek legal help for it and they're fine with that

 

[Angie may]

My husband also verbally said he was fine with me putting it up for sale and to give him 48 hours from any official offer we got for him to decide but it's been past 48 hours and that was just a verbal agreement

 

[Just Blue]

Yes it was for sale by owner and legally I could do that my lawyer said but obviously I cannot sign his end of the contract. The buyers know my situation and understand that he might not sign and I would need to seek legal help for it and they're fine with that

Wow.

 

[Angie may]

We also own a transportation company and we can't afford to rent vehicles or pay drivers for reserved rides that were already paid for by the customers so it's putting us in a position where people are very angry cuz we're not providing the service that they pay for

 

[Angie may]

I know it's a really bad situation and he obviously wants to hold out and finish the house so he can make more profit on it but I'm in a rental with her two kids and because of the business not being able to run I'm not making any money and have a ton of bills to pay as well along with all of the debt

 

[Just Blue]

I know it's a really bad situation and he obviously wants to hold out and finish the house so he can make more profit on it but I'm in a rental with her two kids and because of the business not being able to run I'm not making any money and have a ton of bills to pay as well along with all of the debt

I get it...I'm just kind of amazed that an attorney told you it was okay to put the house up for sale without hubby's agreement.

I'm sorry you are such a spot...sucks.