Can you legally force your ex to sell marital home?

[LdiJ]

Thanks cyjeff, mistoffolees and LdiJ (hope I got all that spelling correct). Went to lunch p***ed off at BH but realize you gotta sort through the bad posts to find the good ones. I'll start the process on getting appraisals to prove the selling price is as much as we can get in this market (it's an older house and still needs some work).

One last thing (BH comments made me wonder) - am I not legally entitled to half the mortgage payments? I've had some Family Court appearances and at one of those hearings outside the court this issue was raised and HIS attorney said I'd get the money back (his share of the mortgage) at closing.

Thanks for all the information. I'll update you as soon as I hear anything (hopefully what I hear will be my real estate attorney telling me he signed the contract)

Since you didn't have use of the home, its certainly a possiblity. However, that would virtually wipe out all of his equity. I am not sure that you want to take it that far. That would definitely cause him to try to drag it out long enough that you lose the sale.

 

[Bucky41]

Thanks, LdiJ. If I were to let it go without trying to get reimbursed for his share of the 16 months mortgage payments, could I take him to court later (and have a case) or would the judge say "too late, you should have handled this issue at or before closing"? I can't afford to lose this buyer (no telling if/when another will come along), but I'm so in debt because I didn't want to let the house go into foreclosure - I'll be lucky to walk away with money to take my lawyer out to lunch to celebrate the sale (seriously, I've run the numbers and will literally break even). I'm happy with that, though, because at least I'll be out of debt, no more mortgage payments on a house I'm not living in and my paycheck will be MINE again.

If I don't fight for it now, do I have recourse to fight for it later or will I be SOL?

 

[LdiJ]

Thanks, LdiJ. If I were to let it go without trying to get reimbursed for his share of the 16 months mortgage payments, could I take him to court later (and have a case) or would the judge say "too late, you should have handled this issue at or before closing"? I can't afford to lose this buyer (no telling if/when another will come along), but I'm so in debt because I didn't want to let the house go into foreclosure - I'll be lucky to walk away with money to take my lawyer out to lunch to celebrate the sale (seriously, I've run the numbers and will literally break even). I'm happy with that, though, because at least I'll be out of debt, no more mortgage payments on a house I'm not living in and my paycheck will be MINE again.

If I don't fight for it now, do I have recourse to fight for it later or will I be SOL?

If you don't fight for it now, you will be SOL.

 

[Bucky41]

Thanks - definitely fighting for it.

Have a great day - I may have a lot of work to do on this, but it helps knowing where to start.

Thanks to all the Seniors (and almost seniors) that share their knowledge.